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CALIFORNIA  STATE  MINING  BUREAU 

FERRY  BUILDING,  SAN  FRANCISCO 


McN.  HAMILTON State  Mineralogist 


BULLETIN  No.  66 


San  Francisco,  January,  1914 


MINING  LAWS 


[JNITED   STATES   AND  CALIFORNIA 


LIBRARY 

UKIVERSITY  OF  CALIFORNIA 
DAVIS 


UEXD   Wm.    RrCHABDSON,    SUPERINTENDENT   OF    StATE    PbINTING 
SACRAMENTO,    CALIFORNIA 
1914 


LIBRARY 


UNITED  STATES 
DEPARTMENT  OF  AGRICULTURE 


IcN.  HAMILTON      .-.--.-     State  Mineralogist 


CALIFORNIA  STATE  MINING  BUREAU 
FERRY  BUILDING,  SAN  FRANCISCO 


BULLETIN  No.  66 

San  Francisco,  January,  1914 


VIINING  LAWS 


UNITED   STATES   AND  CALIFORNIA 


OOMPLIMCNTt  Of 

F.McN.  HAMIUTON 

UTATK  l>iiNlflAli.<>dli«f 


FiUEND  Wm.  Richardson,  Superintendent  of  State  Printing 

SACRAMENTO,    CALIFORNIA 

1914 


LETTER  OF  TRANSMITTAL. 


]  h  is  Excellency,  the  Hon.  Hiram  W.  Johnson, 

Governor  of  the  State  of  California. 
jSiR :  I  have  the  honor  to  transmit  herewith  this  recent  compilation  of 
< '  mining  laws  of  the  United  States  and  California. 

^  there  have  been  a  great  many  inquiries  for  the  la\^*s  governing 
!  iiing  in  California,  not  only  by  the  people  of  the  State  but  also  from 
;irts  of  the  United  States  and  foreign  countries,  I  have  considered 
•  essary  to  fulfill  the  demand  by  issuing  this  publication. 
..  view  of  the  fact,  also,  that  water  legislation  is  vital  to  the  mining 
i  histry  and  that  regulation  of  corporations  is  also  of  interest  to  the 
njning  industry,  I  have  herewith  appended  the  "Water  Commission  Act 
the  Blue   Sky  law,   w^hich  have  been  made  inoperative  by  the 
rendum  but  which  are  to  be  voted  on  at  the  next  election. 
Respectfully  yours, 

FLETCHER  McN.  HAMILTON, 

State  Mineralogist. 
>ii  Francisco,  January,  1914. 


: — M 


CONTENTS 


Paqe' 

CALIFORNIA   STATE   MINING   BUREAU '  l\ 

MINING   BUREAU   ACT 

FEDERAL   STATUTES    

CALIFORNIA   STATUTES 2<| 

LOCATION  OF  MINING  CLAIMS,  MILL  SITES,  AND  ASSESSMENT  WORK_  41| 

! 

ABSTRACT  OF  CURRENT  DECISIONS  ON  MINES  AND  MINING n! 

Page 

California  Debris  Commission If 

California  Materials  in  Public  Buildings 3!; 

California  Mine  Bell  Signals . 5'' 

Control  of  Explosives 4i| 

Corporation  License  Tax  Law 2ii 

Eminent    Domain    4(i 

Extraction  of  Minerals  from  Water 3(, 

Fencing  Abandoned   Shafts : 5,i 

Hours  of  Employment  in  Underground  Mines 4:1 

Hydraulic  Mining 3'j 

Lands  Uncovered  by  Recession  of  Water 3lj 

Larceny  of  Gold  Dust  and  Amalgam 5' 

Location  of  Mining  Claims,  Mill  Sites,  and  Assessment  Work 4' 

Location  Notices  (forms) 6' 

Mine  Exits   5ij 

Mine   Regulations — Coal   Mines 5:i 

Mineral  Lands  Within  Meander  Lines 3| 

Miners'    Hospital  • 5| 

Miners'  Inch  DefiiIied "^ 

Mining  Bureau  Act 

Mining  Corporations  

Mining  Claims  in  Forest  Reserves 

Oil  and  Gas  Claimsl. ' 

Pickett  Bill l 

Protection  of  Stockholders 3i 

Protection  of  Oil  and  Gas  Strata 3 

Telephone  System  in  Mines 5j 

Trials  Involving  Mining  Claims ^1 

Wasting  of  Natural  Gas 3; 

Weekly  Day  of  Rest 5| 

LIST  OF  PUBLICATIONS  OF  STATE  MINING  BUREAU 6 

APPENDIX—  i 

"Blub  Sky  Law" * 

"Water  Commission  Act" ^ 


CALIFORNIA  STATE  MINING  BUREAU. 


'  The  California  State  Mining  Bureau  is  located  on  the  third  floor  of 
le  Ferry  Building,  San  Francisco.  The  institution  is  supported  by 
jgislative  appropriation  and  is  under  the  direction  of  Hon.  F.  McN. 
[amilton.  State  Mineralogist.  Its  purpose  is  to  promote  the  interests 
f  the  mineral  industry  in  California  in  every  possible  way.  This 
bject  is  accomplished  by  various  means,  briefly  outlined  as  follows : 

GENERAL   INFORMATION    BUREAU. 

'  Any  and  all  persons  making  personal  or  written  inquiry  in  regard 
)  any  phase  of  mining  or  the  occurrence  of  minerals  in  California,  are 
iven  detailed  information  upon  the  subject  in  which  they  are  inter- 
3ted.  An  information  desk  is  maintained  in  the  Library  of  the  Bureau 
ad  the  entire  staff  of  assistants  is  at  the  service  of  the  public  in  this 
2gard. 

BUREAU  PUBLICATIONS. 

Bulletins,  reports  and  maps  covering  the  Mineral  Industry  of  Cali- 
;)mia  in  detail  are  available  for  reference  and  distribution.  Some  are 
3r  free  distribution  and  for  the  more  elaborate  ones  a  nominal  price 
;  asked.     (See  list  of  publications  on  last  page.) 

LIBRARY  AND  READING  ROOM. 

The  Library,  which  is  the  recognized  mining  reference  library  of  the 
tate,  contains  over  5,000  volumes  of  selected  works,  including  govern- 
lent.  state  and  individual  reports  on  mines  and  mining  and  allied 
objects.  Here  also  are  to  be  found  files  containing  copies  of  the  lead- 
ig  technical  magazines  of  the  world,  together  with  the  current  copies 
f  the  daily  or  weekly  local  papers  from  most  of  the  mining  camps  of 
alifornia.  For  further  reference  are  available  county  maps,  various 
lineral  and  oil  maps,  topographic  sheets,  geological  folios,  etc.  In 
onjunction  with  the  library  is  maintained  a  commodious,  well-lighted 
eading  room,  with  tables,  desks,  etc.,  which  is  open  daily  to  the  public 
roiii  9  a.  m.  until  5  p.  m.,  except  Sundays  and  holidays,   and  from 

a.  m.  to  12  m.  Saturdays. 

LABORATORY. 

This  department  is  maintained  chiefly  for  the  determination  of 
lineral  and  rock  specimens  which  are  either  brought  or  sent  for 
I'litification.  The  work  which  this  department  performs  is  especially 
t'liable  and  during  the  past  years  has  been  of  great  assistance  to  thou- 
ands  who  have  taken  advantage  of  this  service.  (See  notice  regarding 
etermination  of  mineral  specimens  on  last  page.) 


b  CALIFORNIA   STATE    MINING   BUREAU. 

i 
MUSEUM. 

The  Museum,  which  occupies  the  entire  north  wing  of  the  third  floor 
of  the  Ferry  Building,  with  a  floor  space  of  7,500  square  feet,  is  not  the 
least  useful  adjunct  of  the  Mining  Bureau.  A  complete  mineralogical 
study  of  California  may  be  carried  on  from  the  20,000  mineral  speci- 
mens to  be  seen  attractively  arranged  in  this  immense  exhibit.  Aside 
from  its  purely  scientific  interest  the  Museum  daily  attracts  throngs  of 
tourists  and  sightseers,  and  accomplishes  a  great  deal  in  the  way  of 
giving  visual  evidence  of  California's  vast  mineral  resources. 

STATISTICAL  DEPARTMENT. 

Since  1894  the  Bureau  has  annually  issued  a  special  bulletin  covering' 
in  detail  the  actual  mineral  production  of  the  State  for  the  preceding 
year.  Data  covering  the  amount  and  value  of  the  yearly  output  is 
received  by  the  statistical  department  from  every  individual  mineral 
operator  in  California,  and  these  returns,  when  classified  and  published 
in  county  totals,  give  the  clearest  possible  conception  of  the  various 
sections  of  the  State,  and  have  proven  in  the  past  to  be  of  great  aid  to 
prospective  investors,  and  others  interested.  It  is  to  the  undoubted 
interest  of  every  owner  and  operator  of  a  mineral  property  in  Cali^ 
fornia  to  co-operate  with  the  Bureau  in  its  efforts  to  collect  reliable  attd 
authoritative  statistical  data. 


Aside  from  the  above  mentioned  regularly  established  departments 
there  is  at  present  under  way  an  exhaustive  general  report,  work  upon 
which  was  inaugurated  during  the  year  1913.  Mining  engineers  ait 
geologists  of  ability  and  experience  have  been  employed  as  field  assm^ 
ants  and  these  men  will  personally  visit  all  the  mineral  sections  of  th6| 
State  in  search  of  first  hand  information  regarding  extent  of  oper?iH 
tions,  equipment,  methods  and  also  report  upon  the  undeveloped 
resources. 

This  work,  together  with  the  equipment  which  is  maintained  at  tke 
State  Mining  Bureau  for  the  service  of  the  public,  is  all  undertaken 
with  the  single  aim  of  facilitating  the  development  of  the  minewil 
resources  of  the  State  and  aiding  in  every  way  possible  the  investor^ 
prospector  and  all  others  in  any  way  connected  with  the  mineral 
industry. 


MINING  BUREAU  ACT. 


Chapter  679. 

^n  act  establishing  a  state  mining  bureau,  creating  the  office  of  state  mineralo- 
gist, fixing  his  salary  and  prescribing  his  powers  and  duties;  providing  for 
the  employment  of  officers  and  employees  of  said  bureau,  making  it  the 
duty  of  persons  in  charge  of  mines,  mining  operations  and  quarries  to  make 
certain  reports,  providing  for  the  investigation  of  mining  operations, 
dealings  and  transactions  and  the  prosecution  for  defrauding,  swindling  and 
cheating  therein,  creating  a  state  mining  bureau  fund  for  the  purpose  of 
carrying  out  the  provisions  of  this  act  and  repealing  an  act  entitled  "An  act 
to  provide  for  the  establishment,  maintenance,  and  support  of  a  bureau,  to 
be  known  as  the  state  mining  bureau,  and  for  the  appointment  and  duties 
of  a  board  of  trustees,  to  be  known  as  the  board  of  trustees  of  the  state 
mining  bureau,  who  shall  have  the  direction,  management  and  control  of 
said  state  mining  bureau,  and  to  provide  for  the  appointment,  duties,  and 
compensation  of  a  state  mineralogist,  who  shall  perform  the  duties  of  his 
office  under  the  control,  direction  and  supervision  of  the  board  of  trustees 
of  the  state  mining  bureau,"  approved  March  23,  1893,  and  all  acts 
amendatory  thereof  and   supplemental   thereto   or   in   conflict   herewith. 

(Approved  June  16,   1913;   in  effect  August  10,   1913.) 

^'/'c  people  of  the  State  of  California  do  enact  as  follows: 

Section  1.  There  is  hereby  created  and  established  a  state  mining 
)ureau.  The  chief  officer  of  such  bureau  sh^ll  be  the  state  mineralo- 
:ist,  which  office  is  hereby  created. 

Sec.  2.  It  shall  be  the  duty  of  the  governor  of  the  State  of  Cali- 
ornia  and  he  is  hereby  empowered  to  appoint  a  citizen  and  resident  of 
his  state,  having  a  practical  and  scientific  knowledge  of  mining,  to 
he  office  of  state  mineralogist.  Said  state  mineralogist  shall  hold  his 
)ffice  at  the  pleasure  of  the  governor.  He  shall  be  a  civil  executive 
)fficer.  He  shall  take  and  subscribe  the  same  oath  of  office  as  other 
;tate  officers.  He  shall  receive  for  his  services  a  salary  of  three  hun- 
hed  dollars  ($300)  per  month,  to  be  paid  at  the  same  time  and  in  the 

line   manner   as  the  salaries  of  other   state   officers.     He   shall   also 

five  his  necessary  traveling  expenses  when  traveling  on  the  business 
'i  his  office.  He  shall  give  bond  for  the  faithful  performance  of  his 
luties  in  the  sum  of  ten  thousand  dollars  ($10,000),  said  bond  to  be 
ipproved  by  the  governor  of  the  State  of  California. 

Sec.  3.  Said  state  mineralogist  shall  employ  competent  geologists, 
leld  assistants,  qualified  specialists  and  office  employees  when  neces- 
;ary  in  the  execution  of  his  plans  and  operations  of  the  bureau,  and 
ix  their  compensation.     The  said  employees  shall  be  allowed  their 

•cessary  traveling  expenses  when  traveling  on  the  business  of  said 

partment  and  shall  hold  office  at  the  pleasure  of  said  state  min- 
ralogist. 

Sec.  4.  It  shall  be  the  duty  of  said  state  mineralogist  to  make, 
aeilitate,  and  encourage,  special  studies  of  the  mineral  resources  and 
nineral  industries  of  the  state.  It  shall  be  his  duty :  to  collect  statistics 
'oncerning  the  occurrence  and  production  of  the  economically  important 
ninerals  and  the  methods  pursued  in  making  their  valuable  constituents 
ivailable  for  commercial  use ;  to  make  a  collection  of  typical  geological 
md  mineralogical  specimens,  especially  those  of  economic  and  commer- 

3— M 


CALIFORNIA    STATE    MINING   BUREAU. 


1 


cial  importance,  such  collection  constituting  the  museum  of  the  state 
mining  bureau ;  to  provide  a  library  of  books,  reports,  drawings,  bearing 
upon  the  mineral  industries,  and  sciences  of  mineralogy  and  geology, 
and  arts  of  mining  and  metallurgy,  such  library  constituting  the 
library  of  the  state  mining  bureau;  to  make  a  collection  of  models, 
drawings  and  descriptions  of  the  mechanical  appliances  used  in  mining 
and  metallurgical  processes;  to  preserve  and  so  maintain  such  collec- 
tions and  library  as  to  make  them  available  for  reference  and  examina- 
tion, and  open  to  public  inspection  at  reasonable  hours;  to  maintain, 
in  effect,  a  bureau  of  information  concerning  the  mineral  industries  of 
this  state,  to  consist  of  such  collections  and  library,  and  to  arrange, 
classify,  catalogue,  and  index  the  data  therein  contained,  in  a  manner 
to  make  the  information  available  to  those  desiring  it;  to  issue  from 
time  to  time  such  bulletins  as  he  may  deem  advisable  concerning  the 
statistics  and  technology  of  the  mineral  industries  of  this  state. 

Sec.  5.  It  is  hereby  made  the  duty  of  the  owner,  lessor,  lessee, 
agent,  manager  or  other  person  in  charge  of  each  and  every  mine,  of 
whatever  kind  or  character,  within  the  state,  to  forward  to  the  state 
mineralogist,  upon  his  request,  at  his  office  not  later  than  the  thirtieth 
day  of  June,  in  each  year,  a  detailed  report  upon  forms  which  will  be 
furnished  showing  the  character  of  the  mine,  the  number  of  men  then 
employed,  the  method  of  working  such  mine  and  the  general  condition 
thereof,  the  total  mineral  production  for  the  past  year,  and  such 
owner,  lessor,  lessee,  agent,  manager  or  other  person  in  charge  of  any 
mine  within  the  state  must  furnish  whatever  information  relative  to 
such  mine  as  the  state  mineralogist  may  from  time  to  time  require  for 
the  proper  discharge  of  his  official  duties.  Any  owner,  lessor,  lessee, 
agent,  manager  or  other  person  in  charge  of  each  and  every  mine,  of 
whatever  kind  or  character  within  the  state,  who  fails  to  comply  with 
the  above  provisions  shall  be  deemed  guilty  of  a  misdemeanor. 

Sec.  6.     The  state  mineralogist  now  performing  the  duties  of  the 
office  of  state  mineralogist  shall  perform  the  duties  of  the  office  of  st^ 
mineralogist  as  in  this  act  provided  until  the  appointment  and  quail 
fication  of  his  successor  as  in  this  act  provided. 

Sec.  7.  The  said  state  mineralogist  shall  take  possession,  charge 
and  control  of  the  offices  now  occupied  and  used  by  the  board  of  trus- 
tees and  state  mineralogist  and  the  museum,  library  and  la})oratory  of 
the  mining  bureau  located  in  San  Francisco  as  provided  for  by  a 
certain  act  of  the  legislature  approved  March*  23,  1893,  and  hereafter 
referred  to  in  section  14  hereof,  and  shall  maintain  such  offices,  musonm, 
library  and  laboratory  for  the  purposes  provided  in  this  act. 

Sec.  8.     Said  state  mineralogist  or  qualified  assistant  shall  have  full 
power  and  authority  at  any  time  to  enter  or  examine  any  and  all 
mines,  quarries,  wells,  mills,  reduction  works,  refining  works  and  othe 
mineral  properties  or  working  plants  in  this  state  in  order  to  j::athe 
data  to  comply  with  the  provisions  of  this  act. 

Sec.  9.     The  state  mineralogist  shall  make  a  biennial  report  to  th 
governor  on  or  before  the  fifteenth  day  of  September  next  precediB^ 
the  regular  session  of  the  legislature. 

Sec.  10.  All  moneys  received  by  the  state  mining  bureau  oi*  any 
officer  thereof  (except  such  as  may  be  paid  to  them  by  the  state  for 
disbursement)  shall  be  receipted  for  by  the  state  mineralogist  or  other 


I    .^-. 

HIr  authorized  by  him  to  act  in  his  place  and  at  least  once  a  month 

fronted  for  by  him  to  the  state  controller  and  paid  into  the  state 

trisury  to  the  credit  of  a  fund  which  is  hereby  created  and  designated 

ate  Mining  Bureau  Fund."     All  moneys  now  in  the  possession  of 

state  mining  bureau   or   any  officer  thereof  received   from    any 

goirce  whatsoever,  shall  be  immediately  paid  over  to  the  state  mineralo- 

"i  and  by  him  accounted  for  to  the  controller  and  paid  into  the  state 

sury  to  the  credit  of  said  fund.     Said  fund  shall  be  used  and  is 

hy  appropriated  for  the  use  of  said  bureau  in  carrying  out  the 

MOses  of  this  act. 

:c.  11.     The   said   state    mineralogist   is   hereby    authorized   and 

.»\vered  to  receive  on  behalf  of  this  state,  for  the  use  and  benefit 

oihe  state  mining  bureau,  gifts,  bequests,  devises  and  legacies  of  real 

ODther  property  and  to  use  the  same  in  accordance  with  the  wishes 

o£the  donors,  and  if  no  instructions  are  given  by  said  donors,  to 

"^^age,  use,  and  dispose  of  the  gifts  and  bequests  and  legacies  for  the 

interests  of  said  state  mining  bureau  and  in  such  manner  as  he 

deem  proper. 

c.  12.     The  state  mineralogist  may  whenever  he  deems  it  advis- 
prepare  a  special  collection  of  ores  and  minerals  of  California 
e  sent  to  or  used  at  any  world's  fair  or  exposition  in  order  to 
diplay  the  mineral  wealth  of  the  state. 

EC.  13.     The  state  mineralogist  is  hereby  empowered  to  lix  a. price 
ujn  and  to  dispose  of  to  the  public,  at  such  price,  any  and  all  publi- 
"  ons  of  the  state  mining  bureau,  including  reports,  bulletins,  maps, 
-ters  or  other  publications;  such  price  shall  approximate  the  cost 
ul  publication   and   distribution.     Any   and    all   sums    derived    from 
sui  disposition,  or  from  gifts  or  bequests  made,  as  hereinbefore  pro- 
vi«'d  must  be  accounted  for  by  said  state  mineralogist  and  turned  over 
tO;,he  state  treasurer  to  be  credited  to  the  mining  bureau  fund  as 
pryided  for  in  section  10.     He  is  also  empowered  to  furnish  without 
coj  to  public  libraries  the  publications  of  the  bureau,  and  to  exchange 
pijlications  with  other  geological  surveys  and  scientific  societies,  etc. 
"C.  14.     The  state  mineralogist  provided  for  by  this  act  shall  be 
successor  in  interest  of  the  board  of  trustees  of  the  state  mining 
au,  and  the  state  mineralogist,  under. and  by  virtue  of  that  certain 
entitled  "An  act  to  provide  for  the  establishment,  maintenance, 
ai)  support  of  a  bureau,  to  be  known  as  the  state  mining  bureau,  and 
fo  the  appointment  and  duties  of  a  board  of  trustees,  to  be  known  as 
'loard  of  trustees  of  the  state  mining  bureau,  who  shall  have  the 
tion,  management,  and  control  of  said  state  mining  bureau,  and 
rovide  for  the  appointment,  duties,  and  compensation  of  a  state 
ralogist,  who  shall  perform  the  duties  of  his  office  under  the  eon- 
direction  and  supervision  of  the  board  of  trustees  of  the  state 
n^  bureau,"   approved  March  23,   1893,   and   all   books,   papers, 
'  iiuents,   personal  property,   records,   and  property  of  every  kind. 

Ilescription  obtained  or  possessed,  or  held  or  controlled  by  the 
K)ard  of  trustees  of  the  said  state  mining  bureau,  and  the  state 
alogist,  and  the  clerks  and  employees  thereof,  under  the  pro- 
s  of  said  act  of  March  23,  1893,  or  any  act  supplemental  thereto 
nendatory  thereof,  shall  immediately  be  turned  over  and  delivered 
fo  he  said  state  mineralogist  herein   provided   for,   who   shall   have 
ch  ge  and  control  thereof. 


10  .  CALIFORNIA    STATE    MINING    BUREAU. 

Sec.  15.  That  certain  act  entitled  ''An  Act  to  provide  for  the 
establishment,  maintenance,  and  support  of  a  bureau,  to  be  known  as 
the  state  mining  bureau,  and  for  the  appointment  and  duties  of  a 
board  of  trustees,  to  be  known  as  the  board  of  trustees  of  the  statv 
mining  bureau,  and  to  provide  for  the  appointment,  duties  and  con 
pensation  of  a  state  mineralogist,  who  shall  perform  the  duties  of  hi 
office  under  the  control,  direction,  and  supervision  of  the  board  of 
trustees  of  the  state  mining  bureau,"  approved  March  23,  1893,  to- 
gether with  all  acts  amendatory  thereof  and  supplemental  thereto  and 
all  acts  in  conflict  herewith  are  hereby  repealed. 


MINING   LAWS.  11 

FEDERAL  STATUTES. 


Title    XXXII,    Chapter    6,    Revised    Statutes. 

^  Sec.  2319.  All  valuable  mineral  deposits  in  lands  belonging  to  the 
*;'nited  States,  both  surveyed  and  unsurveyed,  are  hereby  declared  to' 
1^  e  free  and  open  to  exploration  and  purchase,  and  the  lands  in  which 
e  ley  are  found  to  occupation  and  purchase,  by  citizens  of  the  United 
«  tates  and  those  who  have  declared  their  intention  to  become  such, 
iis  nder  regulations  prescribed  by  law,  and  according  to  the  local  cus- 
»  ;)ms  or  rules  of  miners  in  the  several  mining  districts,  so  far  as  the  same 
%  re  applicable  and  not  inconsistent  with  the  laws  of  the  United  States. 
1,  i  Sec.  2320.  Mining  claims  upon  veins  or  lodes  of  quartz  or  other 
a  pck  in  place  bearing  gold,  silver,  cinnabar,  lead,  tin,  copper,  or  other 
iiialuable  deposits,  heretofore  located,  shall  be  governed  as  to  length 
|5  Hong  the  vein  or  lode  by  the  customs,  regulations,  and  laws  in  force  at 
i-  le  date  of  their  location.  A  mining  claim  located  after  the  tenth  day 
^  f  May,  eighteen  hundred  and  seventy-two,  whether  located  by  one  or 
'i  lore  persons,  may  equal,  but  shall  not  exceed,  one  thousand  five 
I  undred  feet  in  length  along  the  vein  or  lode;  but  no  location  of  a 
|:  lining  claim  shall  be  made  until  the  discovery  of  the  vein  or  lode 
ft  'ithin  the  limits  of  the  claim  located.  No  claim  shall  extend  more 
I  lan  three  hundred  feet  on  each  side  of  the  middle  of  the  vein  at  the 
ji.  irface,  nor  shall  any  claim  be  limited  by  any  mining  regulation  to 
I  jss  than  twenty-five  feet  on  each  side  of  the  middle  of  the  vein  at  the 
fi  irfaee,  except  where  adverse  rights  existing  on  the  tenth  day  of  May, 
I  ighteen  hundred  and  seventy-two,  render  such  limitation  necessary. 
I  'he  end  lines  of  each  claim  shall  be  parallel  to  each  other. 
I ,  Sec.  2321.  Proof  of  citizenship,  under  this  chapter,  may  consist,  in 
fe  le  case  of  an  individual,  of  his  own  affidavit  thereof ;  in  the  case  of  an 
I  ssociaticn  of  persons  unincorporated,  of  the  affidavit  of  their  author- 
1  :ed  agent,  made  on  his  own  knowledge,  or  upon  information  and 
elief;  and  in  the  case  of  a  corporation  organized  under  the  laws  of 
16  United  States,  or  of  any  state  or  territory  thereof,  by  the  filing  of 
I  certified  copy  of  their  charter  or  certificate  of  incorporation. 
I  This  is  supplemented  by  an  act  of  April  26,  1882,  which  provides: 
I  "That  applicants  for  mineral  patents,  if  residing  beyond  the  limits 
I  f  the  district  wherein  the  claim  is  situated,  may  make  any  oath  or 
S.  flfidavit  required  for  proof  of  citizenship  before  the  clerk  of  any  court 
f  record,  or  before  any  notary  public  of  any  state  or  territory,"  (22 
tats,  at  Large,  p.  49,  chap.  106.) 

Sec.  2322.     The  locators  of  all  mining  locations  heretofore  made  or 

^hich  shall  hereafter  be  made,  on  any  mineral  vein,  lode,  or  ledge, 

ituated   on   the   public   domain,    their   heirs   and   assigns,    where   no 

verse  claims  exist  on  the  tenth  day  of  May,  eighteen  hundred  and 

nty-two,  so  long  as  they  comply  with  the  laws  of  the  United  States, 

with  state,  territorial  i'.nd  local  regulations  not  in  conflict  with  the 

of  the  United  States  governing  their  possessory  title,  shall  have 

exclusive  right  of  possession  and   enjoyment  of  all  the  surface 

uded  within  the  lines  of  their  locations,  and  of  all  veins,  lodes  and 

es  throughout  their  entire  depth,  the  top  or  apex  of  which  lies 

de  of  such  surface  lines  extended  downward  vertically,  although 


12  CALIFORNIA    STATE    MINING    BUREAU. 

such  veins,  lodes,  or  ledges  may  so  far  depart  from  a  perpendicular  ii 
their  course  downward  as  to  extend  outside  the  vertical  side  lines  oj 
such  surface  locations.  But  their  right  of  possession  to  such  outsidi 
parts  of  such  veins  or  ledges  shall  be  confined  to  such  portions  thereoj 
as  lie  between  vertical  planes  drawn  downward  as  above  describee 
through  the  end  lines  of  their  locations,  so  continued  in  their  owr 
direction  that  such  planes  will  intersect  such  exterior  parts  of  suel 
veins  or  ledges.  And  nothing  in  this  section  shall  authorize  th< 
locator  or  possessor  of  a  vein,  or  lode  which  extends  in  its  downwarc 
course  beyond  the  vertical  lines  of  his  claim,  to  enter  upon  the  surfac* 
of  a  claim  owned  or  possessed  by  another. 

Sec.  2323.  Where  a  tunnel  is  run  for  the  development  of  a  veh 
6r  lode,  or  for  the  discovery  of  mines,  the  owners  of  such  tunne 
shall  have  the  right  of  possession  of  all  veins  or  lodes  within  thre< 
thousand  feet  from  the  face  of  such  tunnel  on  the  line  thereof,  noi 
previously  known  to  exist,  discovered  in  such  tunnel,  to  the  sanu 
extent  as  if  discovered  from  the  surface  and  locations  on  the  line  a 
such  tunnel  of  veins  or  lodes  not  appearing  on  the  surface,  made  h] 
other  parties  after  the  commencement  of  the  tunnel,  and  while  thi 
same  is  being  prosecuted  with  reasonable  diligence,  shall  be  invalid 
but  failure  to  prosecute  the  work  on  the  tunnel  for  six  months  shal 
be  considered  as  an  abandonment  of  the  right  to  all  undiscoverec 
veins  on  the  line  of  such  tunnel. 

Sec.  2324.  The  miners  of  each  mining  district  may  make  regulaj 
tions  not  in  conflict  with  the  laws  of  the  United  States,  or  with  th< 
laws  of  the  state  or  territory  in  w^hich  the  district  is  situated,  governinj 
the  location,  manner  of  recording,  amount  of  work  necessary  to  hol< 
possession  of  a  mining  claim,  subject  to  the  following  requirementa 
The  location  must  be  distinctly  marked  on  the  ground  so  that  it 
boundaries  can  be  readily  traced.  All  records  of  mining  claims  here 
after  made  shall  contain  the  name  or  names  of  the  locators,  the  dat 
of  the  location,  and  such  a  description  of  the  claim  or  claims  locate^ 
by  reference  to  some  natural  object  or  permanent  monument  as  wil 
identify  the  claim.  On  each  claim  located  after  the  tenth  day  o; 
May,  eighteen  hundred  and  seventy-two,  and  until  a  patent  has  bQK 
issued  therefor,  not  less  than  one  hundred  dollars'  worth  of  lalbj 
shall  be  performed  or  improvements  made  during  each  year.         | 

Be  it  enacted  by  the  senate  and  house  of  representatives  of  |l| 
United  States  of  America  in  congress  assembled,  that  section  W, 
thousand,  three  hundred  and  twenty-four  of  the  Revised  Statutes  l)^ 
and  the  same  is  hereby,  amended  so  that  where  a  person  or  compan; 
has  or  may  run  a  tunnel  for  the  purpose  of  developing  a  lode  o 
lodes,  owned  by  said  person  or  company,  the  money  so  expended  i 
said  tunnel  shall  be  taken  and  considered  as  expended  on  said  Idd 
or  lodes,  whether  located  prior  to  or  since  the  passage  of  said  act ;  aii< 
such  person  or  company  shall  not  be  required  to  perform  work  oi 
the  surface  of  said  lode  or  lodes  in  order  to  hold  the  same  as  require* 
by  said  act.     (18  Stats,  at  Large,  page  315,  chap.  41.)  ij 

An  amendment  of  January  22,  1880,  reads:  t 

''Provided,  that  the  period  within  which  the  work  required  to  h 
done  annually  on  all  unpatented  mineral  claims  shall  commence  on  lii 
first  day  of  January  succeeding  the  date  of  location  of  such  claiir 
and  this  section  shall  apply  to  all  claims  located  since  the  tenth  day^ 


MINING   LAWS.  13 

y,  Anno  Domini  eighteen  hundred  and  seventy-two.'*     (21  Stats. 

Large,  page  61,  chap.  9.) 

The  federal  law  fixes  the  minimum  of  labor  requirements.     State  and 

al  laws  may  require  additional  work  as  part  of  the  act  of  location. 
This  has  been  sustained  by  Supreme  Court  decisions. 

Section  2325  of  the  federal  statutes  provides  that  after  $500  has  been 
expended  on  a  mining  claim  in  work  or  improvements,  a  patent  can 
be  applied  for  upon  the  claim  being  surveyed  by  a  United  States 
mineral  surveyor,  and  by  the  payment  of  $5  per  acre  for  the  land  to 
the  United  States  government. 

Sec.  2329.  Claims  usually  called  ''placers"  including  all  forms  of 
deposit,  excepting  veins  of  quartz,  or  other  rock  in  place,  shall  be 
subject  to  entry  and  patent,  under  like  circumstances  and  conditions, 
and  upon  similar  proceedings,  as  are  provided  for  vein  or  lode  claims ; 
but  where  the  lands  have  been  previously  surveyed  by  the  United 
States,  the  entry  in  its  exterior  limits  shall  conform  to  the  legal  sub- 
divisions of  the  public  lands. 

The  following  can  be  located  as  placer:  Stone,  oil,  salt  springs, 
granite  quarries,  marble. 

(Act  of  August  4,   1S92,   ch.   375,   27   Stat.   L.   348.) 
Entry  of  building   stone   lands   under  placer  laws. 

Section  1.  Any  person  authorized  to  enter  lands  under  the  mining 
laws  of  the  United  States  may  enter  lands  that  are  chiefly  valuable  for 
building  stone  under  the  provisions  of  the  law  in  relation  to  placer 
mineral  claims;  provided,  that  lands  reserved  for  the  benefit  of  the 
public  schools  or  donated  to  any  state  shall  not  be  subject  to  entry 
under  this  act.     (27  Stat.  L.  348.) 

(Act  of  January  31,   1901,  ch.   1S6,  31  Stat.  L.  745.) 
Entry  of  saline   lands  under  placer   laws. 

All  unoccupied  public  lands  of  the  United  States  containing  salt 
'springs,  or  deposits  of  salt  in  any  form,  and  chiefly  valuable  therefor, 
are  hereby  declared  to  be  subject  to  location  and  purchase  under  the 
provisions  of  the  law  relating  to  placer  mining  claims;  provided,  that 
the  same  person  shall  not  locate  or  enter  more  than  one  claim  here- 
f under.     (31  Stat.  L.  745.) 

Sec.  2330.  Legal  subdivisions  of  forty  acres  may  be  subdivided 
finto  ten-acre  tracts,  and  two  or  more  persons,  or  associations  of  per- 
isons,  having  contiguous  claims  of  any  size,  although  such  claims  may 
be  less  than  ten  acres  each,  may  make  joint  entry  thereof;  but  no 
location  of  a  placer  claim,  made  after  the  ninth  day  of  July,  eighteen 
hundred  and  sevent}^,  shall  exceed  one  hundred  and  sixty  acres  for 
any  one  person  or  association  of  persons,  which  location  shall  conform 
,to  the  United  States  surveys;  and  nothing  in  this  section  contained 
shall  defeat  or  impair  any  bona  fide  preemption  or  homestead  claim 
upon  agricultural  lands,  or  Authorize  the  sale  of  the  improvements  of 
any  bona  fide  settler  to  any  purchaser. 

Sec.  2331.  Where  placer  claims  are  upon  surveyed  lands,  and  con- 
form to  legal  subdivisions,  no  further  survey  or  plat  shall  be  required, 
and  all  placer  mining  claims  located  after  the  tenth  day  of  May, 
eighteen  hundred  and  seventy-two,  shall  conform  as  near  as  practicable 
'with  the  United  States  system  of  public  lands  surveys,  and  the  rec- 
tangular subdivisions  of  such  surveys,  and  no  such  location  shall  include 


14  CALIFORNIA   STATE    MINING    BUREAU. 

more  than  twenty  acres  for  each  individual  claimant ;  but  where  placer 
claims  can  not  be  conformed  to  legal  subdivisions,  survey  and  plat 
shall  be  made  as  on  unsurveyed  lands;  and  where  by  the  segregation i 
of  mineral  land  in  any  legal  subdivision  a  quantity  of  agricultural  I 
land  less  than  forty  acres  remains,  such  fractional  portion  of  agri- 
cultural land  may  be  entered  by  any  party  qualified  by  law,  for  home- 
stead or  preemption  purposes. 

Placer  boundaries. 

Sec.  2333.  Where  the  same  person,  association,  or  corporation  is  lb 
possession  of  a  placer  claim,  and  also  a  vein  or  lode  included  withm 
the  boundaries  thereof,  application  shall  be  made  for  a  patent  for  the 
placer  claim,  with  the  statement  that  it  includes  such  vein  or  lode,  and 
in  such  case  a  patent  shall  issue  for  the  placer  claim,  subject  to  the 
provisions  of  this  chapter,  including  such  vein  or  lode  upon  the  pay- 
ment of  five  dollars  per  acre  for  such  vein  or  lode  claim,  and  twenty- 
five  feet  of  surface  on  each  side  thereof.  The  remainder  of  the  placer 
claim,  or  any  placer  claim  not  embracing  any  vein  or  lode- claim,  shall! 
be  paid  for  at  the  rate  of  two  dollars  and  fifty  cents  per  acre,  together! 
with  all  costs  of  proceedings;  and  where  a  vein  or  lode,  such  as  is: 
described  in  section  twenty-three  hundred  and  twenty,  is  known  to  I 
exist  within  the  boundaries  of  a  placer  claim,  an  application  for  aj 
patent  for  such  placer  claim  which  does  not  include  an  application  fori 
the  vein  or  lode  claim  shall  be  construed  as  a  conclusive  declaration 
that  the  claimant  of  the  placer  claim  has  no  right  of  possession  of  thei 
vein  or  lode  claim;  but  where  the  existence  of  a  vein  or  lode  in  a 
placer  claim  is  not  known,  a  patent  for  the  placer  claim  shall  convey 
all  valuable  mineral  and  other  deposits  within  the  boundaries  thereof. 

OIL  AND  GAS  CLAIMS. 

These  are  located  as  placer  claims.  See  sections  2329  to  2333, 
U.  S.  statutes. 

An   act  authorizing  entry  of  petroleum  or  other  mineral   oil   lands   under  placer 

claim   laws. 

Any  person  authorized  to  enter  lands  under  the  mining  laws  of  the 
United  States  may  enter  and  obtain  patents  to  lands  containing  petro-j 
leum  or  other  mineral  oils,  and  chiefl}^  valuable  therefor,  under  the; 
provisions  of  the  laws  relating  to  placer  mineral  claims;  provided,  that! 
lands  containing  such  petroleum  or  other  mineral  oils  which  havei 
heretofore  been  filed  upon,  claimed,  or  improved  as  mineral,  but  notj 
yet  patented,  may  be  held  and  patented  under  the  provisions  of  this 
act  the  same  as  if  such  filing,  claim  or  improvement  were  subsequent 
to  the  date  of  the  passage  hereof.  (29  Stat.  L.  526.)  Approved 
Feb.  11,  1897. 

An   act  defining   what  shall   constitute  assessments  on   oil   mining   claims. 
(Act  of   February    12,    1903,   ch.    54S.    32    Stat.    L.    825.) 

Where  oil  lands  are  located  under  the  provisions  of  title  thirty-two,: 
chapter  six.  Revised  Statutes  of  the  United  States,  as  placer  mining 
claims,  the  annual  assessment  labor  upon  such  claims  may  be  done 
upon  any  one  of  a  group  of  claims  lying  contiguous  and  owned  by  the 
same  person  or  corporation,  not  exceeding  five  claims  in  all ;  provided, 
that  said  labor  will  tend  to  the  development  or  to  determine  the  oil- 
bearing  character  of  such  contiguous  claims. 


MINING   LAWS.  15 


THE  'PICKETT  BILL." 

An  act  to  authorize  the  President  of  the  United  States  to  make  with- 
lawals  of  public  lands  in  certain  cases. 

This  provides  also: 

Sec.  2.  All  lands  withdrawn  under  the  provisions  of  this  act  shall 
1  all  times  be  open  to  exploration,  discovery,  occupation,  and  pur- 
hase,  under  the  mining  laws  of  the  United  States,  so  far  as  the  same 
j)ply  to  minerals  other  than  coal,  oil,  gas,  and  phosphates. 

MINING  CLAIMS  IN  FOREST  RESERVES. 

The  congressional  act  of  June  4,  1897,  provides: 

*'It  is  not  the  purpose  or  intent  of  these  provisions,  or  of  the  act 
)roviding  for  such  reservations,  to  authorize  the  inclusion  therein  of 
ands  more  valuable  for  the  mineral  therein,  or  for  agricultural  pur- 
)Oses,  than  for  forest  purposes." 

*  *     # 

*Nor  shall  anything  herein  prohibit  any  person  from  entering  upon 
[fuch  forest  reservations  for  all  proper  and  lawful  purposes,  including 
hat  of  prospecting,  locating  and  developing  the  mineral  resources 
hereof;  provided,  that  such  persons  comply  with  the  rules  and  regu- 
[ations  covering  such  forest  reservations." 

*  *     * 

**And  any  mineral  lands  in  any  forest  reservation  which  have  been 
)r  may  be  shown  to  be  such  and  subject  to  entry  under  the  existing 
pining  laws  of  the  United  States  and  the  rules  and  regulations  apply- 
ng  thereto,  shall  continue  to  be  subject  to  such  location  and  entry 
lotwithstanding  any  provisions  herein  contained." 

Under  these  statutes  it  is  now  held  by  the  land  department  that  the 
[orest  reserves  are  open  to  the  location  of  mining  claims.  There  can 
36  no  doubt  of  the  meaning  of  congress  upon  this  subject :  That  lands 
i¥ithin  the  forest  reserves  are  subject  to  the  operation  of  the  mining 
aws. 

CALIFORNIA  DEBRIS  COMMISSION. 

An    act   to    create    the    California    Debris    Commission    and    Regulate    Hydraulic 
mining   in   the   State   of  California. 

B(  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  a  commission 
lis  hereby  created,  to  be  known  as  the  California  Debris  Commission, 
onsisting  of  three  members.  The  president  of  the  United  States  shall, 
by  and  with  the  advice  and  consent  of  the  Senate,  appoint  the  com- 
mission from  officers  of  the  corps  of  engineers.  United  States  army. 
\'fi  fancies  occurring  therein  shall  be  filled  in  like  manner.  It  shall 
lave  the  authority,  and  exercise  the  powers  hereinafter  set  forth,  under 
lie  supervision  of  the  chief  of  engineers  and  direction  of  the  secretary 
3f  war. 

Sec.  2.  That  said  commission  shall  organize  within  thirty  days  after 
,its  appointment  by  the  selection  of  such  officers  as  may  be  required  in 

■performance  of  its  duties,  the  same  to  be  selected  from  the  members 


16  CALIFORNIA    STATE    MINING    BUKEAT. 

thereof.     The  members  of  said  commission  shall  receive  no  greater 
compensation  than  is  now  allowed  by  law  to  each,  respectively,  as  an 
officer  of  said  corps  of  engineers.     It  shall  also  adopt  rules  and  regu-^i 
lations,   not   inconsistent   with   law,    to   govern   its   deliberations   andi 
prescribe  the  method  of  procedure  under  the  provisions  of  this  act. 

Sec.  3.  That  the  jurisdiction  of  said  commission,  in  so  far  as  the 
same  affects  mining  carried  on  by  the  hydraulic  process  shall  extend 
to  all  such  mining  in  the  territory  drained  by  the  Sacramento  and 
San  Joaquin  river  systems  in  the  State  of  California.  Hydraulic  min- 
ing, as  defined  in  section  eight  hereof,  directly  or  indirectly  injuring' 
the  navigability  of  said  river  systems,  carried  on  in  said  territory  other 
than  as  permitted  under  the  provisions  of  this  act  is  hereby  prohibited 
and  declared  unlawful. 

Sec.  4.  That  it  shall  be  the  duty  of  said  commission  to  mature  and 
adopt  such  plan  or  plans,  from  examinations  and  .surveys  already  made 
and  from  such  additional  examinations  and  surveys  as  it  may  deem 
necessary,  as  will  improve  the  navigability  of  all  the  rivers  comprising 
said  systems,  deepen  their  channels,  and  protect  their  banks.  Such 
plan  or  plans  shall  be  matured  with  a  view  of  making  the  same  effectiv*^ 
as  against  the  encroachment  of  and  damage  from  debris  resulting  from 
mining  operations,  natural  erosion,  or  other  causes,  with  a  view  of 
restoring,  as  near  as  practicable  and  the  necessities  of  commerce  and 
navigation  demand,  the  navigability  of  said  rivers  to  the  condition 
existing  in  eighteen  hundred  and  sixty,  and  permitting  mining  by  the 
hydraulic  process,  as  the  term  is  understood  in  said  state,  to  be  carried 
on,  provided  the  same  can  be  accomplished  without  injury  to  the  navi- 
gability of  said  rivers  or  the  lands  adjacent  thereto. 

Sec.  5.  That  it  shall  further  examine,  survey,  and  determine  th« 
-utility  and  practicability,  for  the  purposes  hereinafter  indicated,  o 
storage  sites  in  the  tributaries  of  said  rivers  and  in  the  respective 
branches  of  said  tributaries,  or  in  the  plains,  basins,  sloughs,  and  tuk 
and  swamp  lands  adjacent  to  or  along  the  course  of  said  rivers,  for 
the  storage  of  debris  or  water  or  as  settling  reservoirs,  with  the  object 
of  using  the  same  by  either  or  all  of  these  methods  to  aid  in  the  improve- 
ment and  protection  of  said  navigable  rivers  by  preventing  deposits 
therein  of  debris  resulting  from  mining  operations,  natural  erosion,  oi 
other  causes,  or  for  affording  relief  thereto  in  flood  time  and  provid 
ing  sufficient  water  to  maintain  scouring  force  therein  in  the  summer 
season;  and  in  connection  therewith  to  investigate  such  hydraulic  and 
other  mines  as  are  now  or  may  have  been  worked  by  methods  intended 
to  restrain  the  debris  and  material  moved  in  operating  such  mines  by 
impounding  dams,  settling  reservoirs,  or  otherwise,  and  in  general  t( 
make  such  study  of  and  researches  in  the  hydraulic  mining  industry 
as  science,  experience  and  engineering  skill  may  suggest  as  practical)!' 
and  useful  in  devising  a  method  or  methods  whereby  such  mining  ma} 
be  carried  on  as  aforesaid. 

Sec.  6.  That  the  said  commission  shall  from  time  to  time  note  tlit 
conditions  of  the  navigable  channels  of  said  river  systems,  by  cross 
section  surveys  or  otherwise,  in  order  to  ascertain  the  effect  therein  o1 
such  hydraulic  mining  operations  as  may  be  permitted  by  its  order 
and  such  as  is  caused  by  erosion,  natural  or  otherwise. 


I 


MINING    LAWS.  17 

7.     That  said  coniiiiission  shall  submit  to  the  chief  of  engineers 

16  information  of  the  secretary  of  war,  on  or  before  the  fifteenth 

>f  November  of  each  year  a  report  of  its  labors  and  transactions, 

plans  for  the  construction,  completion,  and  preservation  of  the 

lie  works  outlined  in  this  act,  together  with  estimates  of  the  cost 

3of,  stating  what  amounts  can  be  profitably  expended  thereon  each 

The  secretary  of  war  shall  thereupon  submit  same  to  congress 

before  the  meeting  thereof. 

.  8.     That  for  the  purposes  of  this  act  ''hydraulic  mining"  and 
ling  by  the  hydraulic  process,"  are  hereby  declared  to  have  the 

ig  and  application  given  to  said  terms  in  said  state. 
;.  9.  That  the  individual  proprietor  or  proprietors,  or  in  case  of 
>oration  its  manager  or  agent  appointed  for  that  purpose,  owning 
ig  ground  in  the  territory  in  the  State  of  California  mentioned  in 
m  three  hereof,  which  it  is  desired  to  work  by  the  hydraulic  pro- 
must  file  with  said  commission  a  verified  petition,  setting  forth 
facts  as  will  comply  with  law  and  the  rules  prescribed  by  said 
lission. 

10.  That  said  petition  shall  be  accompanied  by  an  instrument 
executed  and  acknowledged,  as  required  by  the  law  of  the  said 
whereby  the  owner  or  owners  of  such  mine  or  mines  surrender 
le  United  States  the  right  and  privilege  to  regulate  by  law,  as 
ided  in  this  act,  or  any  law  that  may  hereafter  be  enacted,  or  by 
^eh  rules  and  regulations  as  may  be  prescribed  by  virtue  thereof  the 
jianner  and  method  in  which  the  debris  resulting  from  the  working  of 
jiid  mine  or  mines  shall  be  restrained,  and  what  amount  shall  be 
reduced  therefrom ;  it  being  understood  that  the  surrender  aforesaid 
lall  not  be  construed  as  in  any  way  affecting  the  right  of  such  owner 
•  owners  to  operate  said  mine  or  mines  by  any  other  process  or  method 
)\v  in  use  in  said  state;  provided,  that  they  shall  not  interfere  with 

navigability  of  the  aforesaid  rivers. 

Skc.  11.     That  the  owners  of  several  mining  claims  situated  so  as 

I  require  a  common  dumping  ground  or  dam  or  other  restraining 

'>rks  for  the  debris  issuing  therefrom  in  one  or  more  sites  may  file  a 

iiit  petition  setting  forth  such  facts  in  addition  to  the  requirements 

section  nine  hereof;  and  where  the  owner  of  a  hydraulic  mine  or 

iiers  of  several  such  mines  have  and  use  common  dumping  sites  for 

1  pounding  debris  or  as  settling  reservoirs  which   sites  are  located 

■low  the  mine  of  an  applicant  not  entitled  to  use  same,  such  fact  shall 

^o  be  stated  in  said  petition.     Thereupon  the  same  proceedings  shall 

had  as  provided  for  herein. 

Sec.  12.     A  notice  specifying  briefly  the  contents  of  said  petition 

mI  fixing  a  time  previous  to  which  all  proofs  are  to  be  submitted  shall 

published  by  said  commission  in  some  newspaper  or  newspapers  of 

iitral  circulation  in  the  communities  interested  in  the  matter  set  forth 

•  rein.     If  published  in  a  daily  paper  such  publication  shall  continue 

T  at  least  ten  days;  if  in  a  weekly  paper  in  at  least  three  issues  of 

It'  same.     Pending  publication  thereof  said  commission,   or  a   com- 

littee  thereof,  shall  examine  the  mine  and  premises  described  in  such 

ftition.     On  or  before  the  time  so  fixed  all  parties  interested,  either 

s  petitioners  or  contestants,  whether  miners  or  agriculturists,  may  file 

ffidavits,    plans,    and   maps   in   support   of   their   respective   claims. 


18  CALIFORNIA    STATE    MINING    BUREAU. 

Further  hearings,  upon  notice  to  all  parties  of  record,  may  be  grantee 
by  the  commission  when  necessary. 

Sec.  13.-  That  in  case  a  majority  of  the  members  of  said  commissioni 
within  thirty  days  after  the  time  so  fixed,  concur  in  a  decision  in  favoi 
of  the  petitioner  or  petitioners,  the  said  commission  shall  thereupon  mab 
an  order  directing  the  methods  and  specifying  in  detail  the  manner  ir 
which  operations  shall  proceed  in  such  mine  or  mines;  what  restrainin| 
or  impounding  works,  if  facilities  therefor  can  be  found,  shall  be  built 
and  maintained;  how  and  of  what  material;  where  to  be  located;  anc 
in  general  set  forth  such  further  requirements  and  safeguards  as  yril 
protect  the  public  interests  and  prevent  injury  to  the  said  navigable 
rivers,  and  the  lands  adjacent  thereto,  with  such  further  condition! 
and  limitations  as  will  observe  all  the  provisions  of  this  act  in  relatioi 
to  the  working  thereof  and  the  payment  of  taxes  on  the  gross  proceed 
of  the  same;  provided,  that  all  expense  incurred  in  complying  witl 
said  order  shall  be  borne  by  the  owner  or  owners  of  such  mine  or  mines 

Sec.  14.  That  such  petitioner  or  petitioners  must  within  a  reasoni 
able  time  present  plans  and  specifications  of  all  works  required  to  ly 
built  in  pursuance  of  said  order  for  examination,  correction,  an( 
approval  by  said  commission;  and  thereupon  work  may  immediatelj 
commence  thereon  under  the  supervision  of  said  commission  or  repre 
sentative  thereof  attached  thereto  from  said  corps  of  engineers,  wh< 
shall  inspect  same  from  time  to  time.  Upon  completion  thereof,  i' 
found  in  every  respect  to  meet  the  requirements  of  the  said  order  an< 
said  approved  plans  and  specifications,  permission  shall  thereupon  b 
granted  to  the  owner  or  owners  of  such  mine  or  mines  to  commeac 
mining  operations,  subject  to  the  conditions  of  said. order  and  tb 
provisions  of  this  act.  \ 

Sec.  15.  That  no  permission  granted  to  a  mine  owner  or  owner 
under  this  act  shall  take  effect,  so  far  as  regards  the  working  of 
mine,  until  all  impounding  dams  or  other  restraining  works,  if  anj 
are  prescribed  by  the  order  granting  such  permission,  have  been  coii^ 
pleted  and  until  the  impounding  dams  or  other  restraining  works  oi 
settling  reservoirs  provided  by  said  commission  have  reached  suc^ 
stage  as  in  the  opinion  of  said  commission,  it  is  safe  to  use  the  same 
provided,  hoivever,  that  if  said  commission  shall  be  of  the  opinion  tba 
the  restraining  and  other  works  already  constructed  at  the  mine  o! 
mines  shall  be  sufficient  to  protect  the  navigable  rivers  of  said  systffln 
and  the  work  of  said  commission,  then  the  owner  or  owners  of  sue 
mine  or  mines  may  be  permitted  to  commence  operations. 

Sec.  16.  That  in  case  the  joint  petition  referred  to  in  section  eleve 
hereof  is  granted,  the  commission  shall  fix  the  respective  amounts  t 
be  paid  by  each  owner  of  such  mines  toward  providing  and  buildin 
necessary  impounding  dams  or  other  restraining  works.  In  the  even" 
of  a  petition  being  filed  after  the  entry  of  such  order,  or  in  case  tli 
impounding  dam  or  dams  or  other  restraining  works  have  alread 
been  constructed  and  accepted  by  said  commission,  the  commissi*' 
shall  fix  such  amount  as  may  be  reasonable  for  the  privilege  of  diimi 
ing  therein,  which  amount  shall  be  divided  between  the  original  ownei 
of  such  impounding  dams  or  other  restraining  works  in  proportion 
the  amount  respectively  paid  by  each  party  owning  same.  The  expeiis^ 
of  maintaining  and  protecting  such  joint  dam  or  works  shall  be  divi< 


MINING   LAWS.  19 

iiong  mine  owners  using  the  same  in  such  proportion  as  the  com- 
ission  shall  determine.  In  all  cases  where  it  is  practicable,  restraining 
ul  impounding  works  are  to  be  provided,  constructed  and  maintained 

mine  owners  near  or  below  the  mine  or  mines  before  reaching  the 
iiiii  tributaries  of  said  navigable  waters. 

Sec.  17.  That  at  no  time  shall  any  more  debris  be  permitted  to  be 
ished  away  from  any  hydraulic  mine  or  mines  situated  on  the 
hutaries  of  said  rivers  and  the  respective  branches  of  each,  worked 
ider  the  provisions  of  this  act,  than  can  be  impounded  within  the 
^training  works  erected. 

Sec.  18.  That  the  said  commission  may  at  any  time  when  the  con- 
1  ion  of  the  navigable  rivers  or  when  the  capacities  of  all  impounding 
1(1  settling  facilities  erected  by  mine  owners  or  such  as  may  be  pro- 
•  ItHl  by  government  authority  require  same,  modify  the  order  grant- 
u  the  privilege  to  mine  by  the  hydraulic  mining  process  so  as  to 
'uce  amount  thereof  to  meet  the  capacities  of  the  facilities  then  in 
or,  if  actually  required  in  order  to  protect  the  navigable  rivers 

1  datnage,  may  revoke  same  until  the  further  notice  of  the  com- 

^ion. 

:c.  19.     That  an  intentional  violation  on  the  part  of  a  mine  owner 

'wners,  company,  or  corporation,  or  the  agents  or  the  employees  of 
liier,  of  the  conditions  of  the  order  granted  pursuant  to  section  thir- 
>m,  or  such  modifications  thereof  as  may  have  been  made  by  said 
iiiinission,  shall  work  a  forfeiture  of  the  privileges  thereby  conferred, 
ul  upon  notice  being  served  by  the  order  of  said  commission  upon 
(h  owner  or  owners,  company  or  corporation,  or  agent  in  charge, 
uk  shall  immediately  cease.  Said  commission  shall  take  necessary 
l^s  to  enforce  its  orders  in  case  of  the  failure,  neglect,  or  refusal  of 
ill  owner  or  owners,  company,  or  corporation,  or  agents  thereof,  to 
luply  therewith,  or  in  the  event  of  any  person  or  persons,  company 

corporation  working  by  said  process  in  said  territory  contrary  to 

i:c.  20.     That  said  commission,  or  a  committee  therefrom  or  officer 

lid  corps  assigned  to  duty  under  its  orders,  shall,  whenever  deemed 

ssary,  visit  said  territory  and  all  mines  operating  under  the  pro- 

ns  of  this  act.     A  report  of  such  examination  shall  be  placed  on  file. 

c.  21.     That  the  said  commission  is  hereby  granted  the  right  to 

-   any  of  the  public  lands  of  the  United  States,  or  any  rock,  stone, 

iil)er,  trees,  biiish,  or  material  thereon  or  therein,  for  any  of  the 

irposes  of  this  act;  and  the  secretary  of  the  interior  is  hereby  author- 

(1  and  requested,  after  notice  has  been  filed  with  the  commissioner 

the  general  land  office  by  said  commission,  setting  forth  what  public 

tids  are  required  by  it  under  the  authority  of  this  section,  that  such 

nd  or  lands  shall  be  withdrawn  from  sale  and  entry  under  the  laws 

the  United  States. 

Sec.  22.  •  That  any  person  or  persons  who  wilfully  or  maliciously 
jure,  damage,  or  destroy,  or  attempt  to  injure,  damage  or  destroy, 
ly  dam  or  other  work  erected  under  the  provisions  of  this  act 
1'  restraining,  impounding,  or  settling  purposes,  or  for  use  in  con- 
etion  therewith,  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
i'tion  thereof  shall  be  fined  not  to  exceed  the  sum  of  five  thousand 
'liars  or  be  imprisoned  not  to  exceed  five  years,  or  by  both  such 


20  CALIFORNIA    STATE    MINING    BUREAU. 

fine  and  imprisonment,  in  the  discretion  of  the  court.  And  an} 
person  or  persons,  company  or  corporation,  their  agents  or  employees 
who  shall  mine  by  the  hydraulic  process  directly  or  indirectly  injur 
ing  the  navigable  waters  of  the  United  States,  in  violation  of  till 
provisions  of  this  act,  shall  be  guilty  of  a  misdemeanor,  and  upon  conj 
viction  thereof  shall  be  punished  bj^  a  fine  not  exceeding  five  thousand 
dollars,  or  by  imprisonment  not  exceeding  one  year,  or  by  both  sucl 
fine  and  imprisonment,  in  the  discretion  of  the  court;  provided,  fhsi 
this  section  shall  take  effect  on  the  first  day  of  May,  eighteen  hundred 
and  ninety-three. 

Sec.  23.  That  upon  the  construction  by  the  said  commission  ©■ 
dams  or  other  works  for  the  detention  of  debris  from  hydraulic  minel 
and  the  issuing  of  the  order  provided  for  by  this  act  to  any  individual 
company,  or  corporation  to  work  any  mine  or  mines  by  hydraulij 
process,  the  individual,  company,  or  corporation  operating  thereunie 
working  any  mine  or  mines  by  hydraulic  process,  the  debris  from  whie 
flows  into  or  is  in  whole  or  in  part  restrained  by  such  dams  or  otjie 
works  erected  by  said  commission,  shall  pay  a  tax  of  three  per  centmi 
on  the  gross  proceeds  of  his,  their,  or  its  mine  so  worked ;  which  tax  o 
three  per  centum  shall  be  ascertained  and  paid  in  accordance  witl 
regulations  to  be  adopted  by  the  secretary  of  the  treasury,  and  thj 
treasurer  of  the  United  States  is  hereby  authorized  to  receive  the  sam( 
All  sums  of  money  paid  into  the  treasury  under  this  section  shall  b 
set  apart  and  credited  to  a  fund  to  be  known  as  the  ''Debris  Fund,* 
and  shall  be  expended  by  said  commission  under  the  supervision  of  th; 
chief  of  engineers  and  direction  of  the  secretary  of  war,  in  addition  t 
the  appropriations  made  by  law  in  the  construction  and  maintenanc 
of  such  restraining  works  and  settling  reservoirs  as  may  be  proper  an| 
necessary;  provided,  that  said  commission  is  hereby  authorized  t 
receive  and  pay  into  the  treasury  from  the  owner  or  owners  of  mine 
worked  by  the  hydraulic  process,  to  whom  permission  may  have  bee 
granted  so  to  work  under  the  provisions  thereof,  such  money  advance 
as  may  be  offered  to  aid  in  the  construction  of  such  impounding  dam 
or  other  restraining  works,  or  settling  reservoirs,  or  sites  therefor,  { 
may  be  deemed  necessary  by  said  commission  to  protect  the  navigab 
channels  of  said  river  systems,  on  condition  that  all  moneys  so  a( 
vanced  shall  be  refunded  as  the  said  tax  is  paid  into  the  said  debri 
fund ;  and  provided,  further,  that  in  no  event  shall  the  government  0 
the  United  States  be  held  liable  to  refund  same  except  as  directed  bj 
this  section.  I 

Sec.  24.  That  for  the  purpose  of  securing  harmony  of  action  an 
economy  of  expenditures  in  the  work  to  be  done  by  the  United  State 
and  the  State  of  California,  respectively,  the  former  in  its  plans  fe 
the  improvement  and  protection  of  the  navigable  streams  and  to  pw 
vent  the  depositing  of  mining  debris  or  other  materials  within  tlj 
same,  and  the  latter  in  its  plans  authorized  by  law  for  the  recli^ 
tion,  drainage,  and  protection  of  its  lands,  or  relating  to  tlio  workiH 
of  hydraulic  mines,  the  said  commission  is  empowered  to  consult  thereo 
with  a  commission  of  engineers  of  said  state,  if  authorized  by  sa^ 
state  for  said  purpose,  the  result  of  such  conference  to  be  reported  t 
tlie  chief  of  engineers  of  the  United  States  army,  and  if  by  hii 
approved  shall  be  followed  by  said  commission. 


MINING   LAWS.  21 

Sec.  25.     That  said  commission,  in  order  that  such  material  as  is  now 
)!•  may  hereafter  be  lodged  in  the  tributaries  of  the  Sacramento  and 
Nin  Joaquin  river  systems  resulting  from  mining  operations,  natural 
I'osion,  or  other  causes,  shall  be  prevented  from  injuring  the  said 
lavigable  rivers  or  such  of  the  tributaries  of  either  as  may  be  navi- 
rable  and  the  land  adjacent  thereto,  is  hereby  directed  and  empowered, 
vhen  appropriations  are  made  therefor  by  law,  or  sufficient  money  is 
leposited  for  that  purpose  in  said  debris  fund,  to  build  at  such  points 
I  hove  the  head  of  navigation  in  said  rivers  and  on  the  main  tributaries 
hereof,  or  branches  of  such  tributaries,  or  at  any  place  adjacent  to 
h(^  same,  which  in  the  judgment  of  said  commission  will  effect  said 
ject    (the  same  to  be  of  such  material  as  will  insure  safety  and 
M-rmanency),  such  restraining  or  impounding  dams  and  settling  res- 
rvoirs,  wdth  such  canals,  locks,  or  other  works  adapted  and  required 
>  complete  same.     The  recommendations  contained  in  executive  docu- 
nt  numbered  two  hundred  and  sixty-seven,  fifty-first  congress,  second 
^sion,  and  executive  document  numbered  ninety-eight,  forty-seventh 
iigress,  first  session,  as  far  as  they  refer  to  impounding  dams,  or 
)rher  restraining  works  are  hereby  adopted,  and  the  same  are  directed 
0  be  made  the  basis  of  operations.     The  sum  of  fifteen  thousand  dol- 
ars  is  hereby  appropriated,  from  moneys  in  the  treasury  not  other- 
vise  appropriated,  to  be  immediately  available  to  defray  the  expenses 
I'  said  commission. 
Approved  March  1,  1893. 


INSTRUCTIONS  TO  OWNERS  AND  OPERATORS  OF 
HYDRAULIC  MINES  IN  CALIFORNIA. 

(January  1,  1906. 
1.  The  California  Debris  Commission  is  composed  of  three  officers 
3f  the  corps  of  engineers,  United  States  army,  who  are  appointed  by 
.the  president  of  the  United  States,  with  the  advice  and  consent  of  the 
filiate,  under  the  authority  of  the  act  of  congress,  approved  March  1, 
1893.  The  commission  is  charged  by  this  act  with  the  enforcement  of 
its  provisions,  including  such  regulation  and  control  of  hydraulic  min- 
in^r  in  the  drainage  areas  of  the  Sacramento  and  San  Joaquin  rivers 
')t'  the  State  of  California  as  is  necessary  to  cause  the  tailings  from 
<nc\i  mining  to  be  so  impounded  in  the  vicinity  of  the  mine  as  to  prevent 
injury  to  the  navigable  rivers  and  adjacent  lands.  The  owners  and 
operators  of  such  mines  are  required  by  this  law  to  comply  strictly  with 
isuch  requirements  of  the  commission  as  may  be  deemed  necessary  to 
effect  this  purpose.  An  extreme  penalty  of  $5,000  fine  and  one  year's 
imprisonment  is  provided  for  violation  of  the  act. 

2.  Hydraulic  mining  embraces  all  mining  operations  where  water  is 
used  under  pressure  through  a  nozzle  against  any  bank  of  earth,  gravel, 
or  other  similar  material,  thus  eroding  the  bank.  It  is  forbidden  by 
law  except  under  the  supervision  of  the  commission. 

3.  The  law  requires  that  in  all  cases  a  license  or  written  permission 
must  be  obtained  from  the  commission  before  hydraulic  mining  in  the 

I  ions  mentioned  can  be  legally  carried  on. 
:.  Licenses  or  permission  to  mine  by  the  hydraulic  process  are  revo- 
•— -■— 


22  CALIFORNIA   STATE    MINING    BUREAU. 

of  the  commission  are  complied  with  as  to  sufficiency  of  suitable  re- 
straining barriers  or  dams.  Licenses,  when  granted,  will  be  suspended 
or  revoked  for  failure  to  properly  maintain  such  barriers  or  dams  or 
for  failure  to  make  the  reports  and  furnish  information  asked  for  by 
the  commission. 

5.  Licenses  are  obtained  by  making  application  to  the  Calif ornin 
Debris  Commission,  San  Francisco,  CaL,  on  the  special  blank  forn 
issued  by  the  commission,  copies  of  which  will  be  sent  on  request,  fre- 
of  cost. 

6.  Licenses  are  not  transferable  and  are  valid  only  for  the  operation- 
of  the  individual  or  company,  and  for  the  special  mine  named  in  tli> 
license. 

7.  By  the  terms  of  the  law  an  application  for  a  license  must  h- 
advertised  by  the  commission  in  the  newspapers  to  allow  any  protest- 
to  be  filed  with  the  commission.  This  advertising  usually  takes  aboui 
three  weeks. 

8.  As  soon  as  practicable  after  advertising  an  application,  the  siteSi 
proposed  by  the  applicants  for  the  restraining  works  are  visited,  andi 
if  found  satisfactory,  authority  to  construct  the  dams  or  barriers  isj 
given  with  the  commission's  specifications  and  instructions  for  tljei 
work.  Any  dam  built  before  such  authorization  is  built  wholly  at  tpj 
builder's  risk,  and  may  not  be  accepted  by  the  commission.  Ai^j 
variation  in  location  or  character  of  work  from  that  specified  by  t% 
commission  may  also  cause  rejection  of  the  dam. 

9.  When  such  authorized  dams  are  completed,  the  commission  should 
be  promptly  notified  so  that  an  inspection  may  be  made  as  soon  as 
practicable  thereafter.  If  found  satisfactory,  a  revocable  license  to 
mine  will  be  issued.     Until  the  license  is  issued  it  is  illegal  to  mine. 

10.  When  mining  has  been  begun  under  a  license,  a  report  every 
month  must  be  submitted  on  one  of  the  blank  forms  furnished  for  tfe 
purpose  by  the  commission  upon  request.  If  no  mining  is  carried  onj 
for  any  month,  the  small  form  is  to  be  used,  otherwise,  the  large  fomj 
must  be  forwarded.  All  blank  spaces  should  be  carefully  and  accfl- 
rately  filled.  - 

11.  In  case  of  any  accident  to  a  restraining  dam  affecting  its  em-i 
ciency,  mining  must  immediately  cease  and  the  commission  must 
promptly  notified. 

12.  When  a  dam  becomes  full  of  debris,  mining  must  cease  unj 
more  impounding  capacity  is  provided  either  by  raising  the  dam  or 
the  construction  of  new  dams.  The  permission  of  the  commission  mi 
be  obtained  to  raise  dams,  and  the  work  when  completed  must  be 
inspected  and  approved  by  the  commission  before  mining  may  ^e 
resumed. 

13.  Dams  must  be  kept  water  tight  and  a  pool  at  least  three  feet  deep 
must  be  maintained  as  a  settling  basin  above  each  dam  while  mininir  is 
in  progress.     Leaks  must  be  promptly  checked. 

14.  Names  of  mines  must  not  be  changed  without  due  notice  to  the 
commission. 

15.  No  charges  or  fees  of  any  kind  are  required  or  allowed,  all 
expenses  of  inspection  being  borne  by  the  United  States. 

16.  The  mine  owners  are  usually  expected  to  meet  the  inspector  {it 
the  nearest  railway  or  stage  station  and  take  him  io  the  mine  and  back 


MINING   LAWS.  23 

As  many  regions  where  mines  are  located  are  inaccessible  in  winter 
lime,  applications  for  licenses  and  inspections  should  be  submitted  as 
early  in  the  season  as  practicable.  Delay  in  attending  to  this  promptly 
may  occasion  the  loss  of  considerable  time  if  not  an  entire  season. 

17.  To  avoid  delay  due  to  loss  of  letters  it  is  suggested  that  requests 
be  repeated  within  a  reasonable  time,  if  not  promptly  acknowledged  or 
acted  upon.  All  communications  should  be  addressed  to  the  secretary, 
California  Debris  Commission,  San  Francisco,  Cal. 

Bv  direction  of  the  California  Debris  Commission. 

S.  A.  CHENEY, 
Major,  Corps  of  Engineers,  Secretary. 


24  CALIFORNIA   STATE   MINING   BUREAU. 

CALIFORNIA  STATUTES. 


An  act  to  repeal  Title  XI  of  Part  IV  of  Division  First  of  the  Civil  Code  and  each 
and  every  section  of  said  title,  and  to  substitute  a  new  Title  XI  to  take  the 
place  thereof   in   said   code,   relating   to   mining   corporations. 

[Approved  March  21,  1905.] 

The  people   of   the  State   of   California,  represented  in   senate    and 
assembly,  do  enact  as  follows: 

Section  1.  Title  XI  and  Part  IV  of  Division  First  of  the  Civil 
Code  and  each  and  every  section  of  said  title  are  hereby  repealed,  and 
a  new  Title  XI  is  substituted  in  place  thereof  in  said  code,  to  read 
as  follows: 

TITLE  XI. 

MINING   CORPORATIONS. 

Sec,  586.  Transfer  agencies. 

587.  Stock  issued  at  transfer  agencies. 
587a.  Consolidation  of  mining  corporations. 

588.  Books  and  balance  sheets  to  be  kept  by  secretary.     Stockholders'   risilit 

to  inspect. 

589.  Right  of  stockholders  to  visit  mine  with  expert. 

590.  Liability  of  presidents  and  directors. 

§  586.  Any  corporation  organized  in  this  state  for  the  purpose  of 
mining  or  carrying  on  mining  operations  in  or  without  this  state^  may 
establish  and  maintain  agencies  in  other  states  of  the  United  States, 
for  the  transfer  and  issuing  of  their  stock;  and  a  transfer  or  issue  of 
the  same  at  any  such  transfer  agency,  in  accordance  with  the  provisions 
of  its  by-laws,  is  valid  and  binding  as  fully  and  effectually  for  all 
purposes  as  if  made  upon  the  books  of  such  corporation  at  its  principal 
office  within  this  state.  The  agencies  must  be  governed  by  the  by-laws 
and  the  directors  of  the  corporation. 

§  587.  All  stock  of  any  such  corporation,  issued  at  a  transfer 
agency,  must  be  signed  by  the  president  and  secretary  of  the  corpora- 
tion, and  countersigned  at  the  time  of  its  issue  by  the  agent  having 
charge  of  the  transfer  agency.  No  stock  must  be  issued  at  a  transfer 
agency  unless  the  certificate  of  stock,  in  lieu  of  which  the  same  is 
issued,  is  at  the  time  surrendered  for  cancellation. 

§  587a.  It  is  lawful  for  two  or  more  corporations  formed,  or  that 
may  hereafter  be  formed,  under  the  laws  of  this  state,  for  mining  pur- 
poses, which  own  or  possess  mining  claims  or  lands  adjoining  each 
other,  or  lying  in  the  same  vicinity,  to  consolidate  their  capital  stock, 
debts,  property,  assets  and  franchises,  in  such  manner  and  upon  such 
terms  as  may  be  agreed  upon  by  the  respective  boards  of  directors  or 
trustees  of  such  corporations  so  desiring  to  consolidate  their  interests; 
but  no  such  consolidation  must  take  place  without  the  written  consent 
of  the  stockholders  representing  two  thirds  of  the  capital  stock  of 
each  corporation,  and  no  such  consolidation  can,  in  any  way,  relieve 
such  corporations,  or  the  stockholders  thereof,  from  any  and  all  jnst 
liabilities;  and  in  case  of  such  consolidation,  due  notice  of  the  same 
must  be  given,  by  advertising,  for  one  month,  in  at  least  one  newspaper 
in  the  county  where  the  said  mining  property  is  situated,  if  there  is  one 
published  therein,  and  also  in  one  newspaper  published  in  the  county 
where  the  principal  place  of  business  of  any  of  said  corporation  is. 


MmiNQ  LAWS.  25 

And  when  the  consolidation  is  completed,  a  certificate  thereof,  con- 
aining  the  manner  and  terms  of  such  consolidation,  must  be  filed  in 
he  office  of  the  county  clerk  of  the  county  in  which  the  original  certifi- 
ate  of  incorporation  of  each  of  said  corporations  is  filed,  and  a  copy 
hereof  must  be  filed  in  the  office  of  the  secretary  of  state;  such 
M  rtificate  must  be  signed  by  a  majority  of  each  board  of  trustees  or 
li  rectors  of  the  original  corporations,  and  it  is  their  duty  to  call,  within 
liirty  days  after  the  filing  of  such  certificate,  a  meeting  of  the  stock- 
1  ciders  of  all  of  said  corporations  so  consolidated,  to  elect  a  board  of 
iiistees  or  directors  for  the  consolidated  corporation,  for  the  year 
heuce  next  ensuing;  and  to  cause  notice  of  the  time  and  place  fixed 
(»!•  such  meeting  to  be  mailed  to  each  stockholder  of  each  of  such  cor- 
) orations  at  his  last  known  place  of  residence  or  business  at  least  ten 
hiys  before  the  time  fixed  for  such  meeting.  The  said  certificate  must 
jilso  contain  all  the  requirements  prescribed  by  section  two  hundred 
'md  ninety. 

§  588.     It  is  the  duty  of  the  secretary  of  every  corporation  formed 
'1'  the  purpose  of  mining,  or  conducting  mining  in  California,  whether 
h  corporation  be  formed  and  organized  under  the  laws  of  the  State 
California  or  of  any  other  state,  territory,  or  foreign  country,  to 
p  at  some  place  within  the  State  of  California  an  office  and  in  such 
ire  to  keep  a  complete  set  of  books  showing  all  receipts  and  expendi- 
res  of  such  corporation,  the  sources  of  such  receipts,  and  the  objects 
i'  such  expenditures,  and  also  all  transfers  of  stock.     All  books  and 
•apers  must,  at  all  times  during  business  hours,  be  open  to  the  inspec- 
ion  of  any  stockholder.     He  is  entitled  to  be  accompanied  by  an  expert, 
I  lid  to  make  copies  or  extracts  from  any  such  books  or  papers.     He 
nay,  at  reasonable  hours,  examine  such  mining  property,  accompanied 
>y  an  expert,  take  samples,  and  make  such  other  examination  as  he 
nay  deem  necessary.     It  is  the  duty  of  the  directors,  on  the  second 
\Ionday  of  each  and  everj^  month,  to  cause  to  be  made  an  itemized 
iceount  or  balance  sheet  for  the  previous  month,  embracing  a  full  and 
•oniplete  statement  of  all  disbursements  and  receipts,  showing  from 
\liat  sources  such  receipts  were  derived,  and  to  whom  and  for  what 
)!>,]' ect  or  purpose  such  disbursements  or  payments  were  made;  also  all 
ndebtedness  or  liabilities  incurred  or  existing  at  the  time,  and  for 
\iiat  the  same  were  incurred,  and  the  balance  of  money,  if  any,  on 
land.     Such  account  or  balance  sheet  must  be  verified  under  oath  by 
he  president  and  secretary,  and  posted  in  some  conspicuous  place  in 
r  office  of  the  company.     It  is  the  duty  of  the  superintendent,  on  the 
st  Monday  of  each  month,  to  file  with  the  secretary  an  itemized 
iecount,  verified  under  oath,  showing  all  receipts  and  disbursements 
nade  by  him  for  the  previous  month,  and  for  what  said  disbursements 
vere   made.     Such   account   must   also   contain   a   verified   statement 
bowing  the  number  of  men  employed  under  him,  and  for  what  pur- 
pose, and  the  rate  of  wages  paid  to  each.     He  must  attach  to  such 
reount  a  full  and  complete  report,  under  oath,  of  the  work  done  in 
aid  mine,  the  amount  of  ore  extracted,  from  what  part  of  mine  taken, 
he  amount  sent  to  mill  for  reduction,  its  assay  value,  the  amount  of 
million  received,  the  amount  of  bullion  shipped  to  the  office  of  the 
ompanv  or  elsewhere,  and  the  amount,  if  any,  retained  by  the  super- 

r — - 


26  CALIFORNIA  STATE  MIXING  BUREAI'. 

report,  under  oath,  of  all  discoveries  of  ores  or  miDeral-bearing  quartz 
made  in  said  mine,  whether  by  boring,  drifting,  sinking,  or  otherwise, 
together  with  the  assay  value  thereof.  All  accounts,  reports,  and  cor- 
respondence from  the  superintendent  must  be  kept  in  some  conspicuous 
place  in  the  office  of  said  company,  open  to  the  inspection  of  all  stock- 
holders. 

§  589.  Any  stockholder  of  a  corporation  formed  under  the  laws  of 
this  state  for  the  purpose  of  mining,  is  entitled  to  visit,  accompanied  by 
his  expert,  and  examine  the  mine  or  mines  owned  by  such  corporation, 
and  every  part  thereof,  at  any  time  he  may  see  fit ;  and  when  such  stock- 
holder applies  to  the  president  of  such  corporation,  he  must  immedi- 
ately cause  the  secretary  thereof  to  issue  and  deliver  to  such  applicant 
an  order,  under  the  seal  of  the  corporation,  directed  to  the  superin- 
tendent, commanding  him  to  show  and  exhibit  such  parts  of  said  mine 
or  mines  as  the  party  named  in  said  order  may  desire  to  visit  and 
examine.  It  is  the  duty  of  the  superintendent,  on  receiving  such  order, 
to  furnish  such  stockholder  every  facility  for  making  a  full  and  com- 
plete inspection  of  said  mine  or  mines,  and  of  the  workings  therein,  and 
to  accompany  said  stockholder  either  in  person,  or  to  furnish  some 
person  familiar  with  said  mine  or  mines  to  accompany  him  in  his  visit 
to  and  through  such  mine  or  mines,  and  every  part  thereof.  If  the 
superintendent  fails  to  obey  such  order,  such  stockholder  is  entitled  to 
recover,  in  any  court  of  competent  jurisdiction,  against  the  corpora- 
tion, the  sum  of  one  thousand  dollars,  and  traveling  expenses  to  and 
from  the  mine,  as  liquidated  damages,  together  with  costs  of  suit.  In 
case  of  such  refusal,  it  is  the  duty  of  the  directors  of  the  corporatioii  I 
forthwith  to  remove  the  officer  so  refusing,  and  thereafter  he  must  not'l 
be  employed  directly  or  indirectly  by  the  corporation,  nor  must  any 
salary  be  paid  to  him.  . 

§  590.  In  case  of  the  refusal  or  neglect  of  the  president  to  cam 
to  be  issued  by  the  secretary  the  order  mentioned  in  section  five  hundrc 
and  eighty-nine,  such  stockholder  is  entitled  to  recover  against  saijd 
president  the  sum  of  one  thousand  dollars  and  costs,  as  provided  i|i 
the  last  section.  If  the  directors  fail  to  have  the  reports  and  account 
current  made  and  posted  as  provided  in  section  five  hundred  and 
eighty-eight,  they  are  liable,  either  severally  or  jointly,  to  an  action  hj 
any  stockholder  complaining  thereof,  and  on  proof  of  such  refusal  0^ 
failure,  he  may  recover  judgment  for  actual  damages  sustained  W 
him,  with  costs  of  suit.  Each  of  such  defaulting  directors  is  also  lial^ 
to  removal  for  such  neglect. 


CORPORATION  LICENSE  TAX  LAW. 

As  approved  March  20,  1905;  amended,  approved  June  13,  1906;  amended,  appro^ 
March  19,  1907;  amended,  approved  March  20,  1907;  amended,  approved  Mai 
19,  1909;  amended,  approved  April  24,  1911;  amended,  approved  May  30,  1913. 

Section  1.  No  corporation  heretofore  or  hereafter  incorporate i 
under  the  laws  of  this  state,  or  of  any  other  state,  shall  do  or  attempt 
to  do  business  by  virtue  of  its  charter  or  certificate  of  incorporatio^I^ 
in  this  state,  without  a  state  license  therefor.  Amended,  approv^ 
June  13,  1906.  *  ' 

Sec.  2.  It  shall  be  the  duty  of  every  corporation  incorporated 
under  the  laws  of  this  state,  and  of  every  foreign  corporation  now 


■K  MINING   LAWS.  27 

l^fing  business,  or  which  shall  hereafter  engage  in  business  in  this  state, 
■w  procure  annually  from  the  secretary  of  state  a  license  authorizing 
the  transaction  of  such  business  in  this  state,  and  shall  pay  therefor  a 
license  tax  as  follows: 

AVhen  the  authorized  capital  stock  of  the  corporation  does  not  exceed 
ten  thousand  dollars  ($10,000)  the  tax  shall  be  ten  dollars  ($10.00) ; 
w  lien  the  authorized  capital  stock  exceeds  ten  thousand  dollars  ($10,000) 
hut  does  not  exceed  twenty  thousand  dollars  ($20,000)  the  tax  shall 
he  fifteen  dollars  ($15.00)  ;  when  the  authorized  capital  stock  exceeds 
twenty  thousand  dollars  ($20,000)  but  does  not  exceed  fifty  thousand 
dollars  ($50,000)  the  tax  shall  be  twenty  dollars  ($20.00)  ;  when  the 
authorized  capital  stock  exceeds  fifty  thousand  dollars  ($50,000)  but 
does  not  exceed  one  hundred  thousand  dollars  ($100,000)  the  tax  shall 
he  twenty-five  dollars  ($25.00);  when  the  authorized  capital  stock 
exceeds  one  hundred  thousand  dollars  ($100,000)  but  does  not  exceed 
two  hundred  and  fifty  thousand  dollars  ($250,000)  the  tax  shall  be 
lifty  dollars  ($50.00)  ;  when  the  authorized  capital  stock  exceeds 
two  hundred  and  fifty  thousand  dollars  ($250,000)  but  does  not 
exceed  five  hundred  thousand  dollars  ($500,000)  the  tax  shall  be 
seventy-five  dollars  ($75.00)  ;  when  the  authorized  capital  stock  exceeds 
■five  hundred  thousand  dollars    ($500,000)    but   does  not   exceed  two 

illion  dollars  ($2,000,000)  the  tax  shall  be  one  hundred  dollars 
-100.00)  ;  when  the  authorized  capital  stock  exceeds  two  million  dol- 
lars ($2,000,000)  but  does  not  exceed  five  million  dollars  ($5,000,000) 
the  tax  shall  be  two  hundred  dollars  ($200.00)  ;  when  the  authorized 
t  apital  stock  exceeds  five  million  dollars  ($5,000,000)  the  tax  shall  be 
two  hundred  and  fifty  dollars  ($250.00). 

Said  license  tax  or  fee  shall  be  due  and  payable  on  the  first  day  of 
July  of  each  and  every  year  to  the  secretary  of  state,  who  shall  pay 
the  same  into  the  state  treasury.     If  not  paid  on  or  before  the  hour  of 

'ur  o'clock  p.m.  of  the  first  day  of  September  next  thereafter,  the 

Hie  shall  become  delinquent  and  there  shall  be  added  thereto,  as  a 
j)enalty  for  such  delinquency,  the  sum  of  ten  dollars. 

The  license  tax  or  fee  hereby  provided  authorizes  the  corporation  to 
transact  its  business  during  the  year  or  for  any  fractional  part  of  such 
year  in  which  such  license  tax  or  fee  is  paid.  ''Year,"  within  the 
meaning  of  this  act,  means  from  and  including  the  first  day  of  July 

'  and  including  the  thirtieth  day  of  June  next  thereafter.     Amended, 

: proved  March  19,  1907. 

8ec.  2a.  At  the  time  of  filing  a  certified  copy  of  articles  of  incorpo- 
ration of  any  corporation  when  filed  on  or  between  the  first  day  of 
duly  and  the  thirtieth  day  of  September,  in  any  year,  there  shall  be 
"aid,  in  addition  to  all  other  fees  required  by  law  to  be  paid  to  the 

i-retary  of  state,  the  full  amount  of  the  license  tax  provided  to  be 
i>aid  in  section  two  of  this  act ;  when  filed  on  or  between  the  first  day 
of  October  and  the  thirty  first  day  of  December,  in  any  year,  a  sum 
equal  to  three  fourths  of  the  license  tax  provided  for  in  section  two  of 
this  act  shall  be  paid ;  when  filed  on  or  between  the  first  day  of  January 
and  the  thirty-first  day  of  March,  in  any  year,  a  sum  equal  to  one  half  of 
r=  such  license  tax  provided  for  in  section  two  of  this  act  shall  be  paid, 
l^hd  when  filed  on  or  between  the  first  day  of  April  and  the  thirtieth 


28  CALIFORNIA   STATE    MINING    BUREAU. 

provided  for  in  section  two  of  this  act  shall  be  paid.  Upon  receipt  of 
such  full  or  fractional  license  tax  the  secretary  of  state  shall  issue  a 
license  receipt  for  the  full  or  for  the  fractional  part  of  the  then  current 
fiscal  3^ear.  Amended,  approved  March  19,  1909  {in  effect  Juhj  1, 
1909). 

Sec.  3.  The  secretary  of  state  shall,  on  or  before  the  fifteenth  day  of 
September  in  each  year,  report  to  the  governor  of  the  state  a  list  of 
all  corporations  which  have  become  delinquent,  as  provided  in  section 
two  of  this  act,  and  the  governor  shall  forthwith  issue  his  proclamation, 
declaring  under  this  act  that  the  charters  of  such  delinquent  domestic 
corporations  will  be  forfeited  and  the  right  of  such  foreign  corpora- 
tions to  do  business  in  this  state  will  be  forfeited  unless  payment  of  \ 
said  license  tax,  together  with  the  penalty  for  such  delinquency,  as 
hereinbefore  provided,  be  made  to  the  secretary  of  state  on  or  before 
the  hour  of  four  o'clock  p.m.  of  the  thirtieth  day  of  November  next 
following.     Amended,  approved  June  13,  1906. 

Sec.  4.  Said  proclamation  shall  be  filed  immediately  in  the  office  of 
the  secretary  of  state,  and  said  secretary  of  state  shall  immediately 
cause  a  copy  of  said  proclamation  to  be  published  in  one  issue  of  each 
of  two  daily  newspapers  to  be  selected  by  the  governor.  Amended, 
approved  June  13,  1906. 

Sec.  5.  At  the  hour  of  four  o'clock  p.m.  of  the  thirtieth  day  of 
November  each  year  the  charters  of  all  delinquent  domestic  corpora- 
tions which  have  failed  to  pay  the  said  license  tax,  together  with  said 
penalty  for  such  delinquency,  shall  be  forfeited  to  the  State  of  Cali- 
fornia, and  the  right  of  all  delinquent  foreign  corporations  to  do 
business  in  this  state,  which  have  failed  to  pay  said  license  tax,  together 
with  the  penalty  for  such  delinquency,  shall  be  likewise  forfeited. 
Amended,  approved  June  13,  1906. 

Sec.  6.  Any  corporation  which  failed  to  pay  the  license  tax  and 
penalty  required  by  the  act,  or  any  amendment  thereof,  and  of  which 
this  is  amendatory,  may  pay  all  the  said  license  taxes  and  penalties 
prescribed  by  section  one  of  said  act  and  the  amendments  thereto,  and 
the  license  taxes  and  penalties  that  would  have  accrued  if  such  cor- 
poration had  not  forfeited  its  charter  or  right  to  do  business  and  any 
such  corporation  making  such  payment  shall  be  relieved  from  the 
forfeiture  prescribed  by  the  act  of  which  this  act  is  amendatory,  and 
all  persons  exercising  the  powers  of  any  such  corporation  making  sucli 
payment  shall  be  relieved  from  the  provisions  of  section  nine  of  said  ad 
of  which  this  act  is  amendatory,  and  the  secretary  of  state  shall  immodi 
ately  after  the  first  day  of  December  in  each  year,  transmit  to  tlu' 
county  clerk  of  each  county  in  this  state  a  list  of  the  corporations  so 
paying  pursuant  to  the  provisions  of  this  section,  which  list  shall  bo 
by  said  county  clerk  filed  in  his  office;  provided,  the  rehabilitation  o! 
a  corporation  under  the  provisions  of  this  act  shall  be  without  prejudid 
to  any  action,  defense  or  right  which  accrued  by  reason  of  the  original 
forfeiture;  and  provided,  that  in  case  the  name  of  any  corporation 
which  has  suffered  the  forfeiture  prescribed  by  the  act  of  which  this 
act  is  amendatory,  or  a  name  so  closely  resembling  the  name  of  sucli 
corporation  as  will  tend  to  deceive,  has  been  adopted  by  any  otlior 
corporation  since  the  date  of  said  forfeiture  then  said  corporation 
having  suffered  said  forfeiture  shall  be  relieved  therefrom  pursuant 


MINING   LAWS.  29 

10  the  terms  of  this  section  of  this  act  only  upon  the  adoption  by  said 
corporation  seeking  revivor  of  a  new  name,  and  in  such  case  nothing 
ill  this  act  contained  shall  be  construed  as  permitting  such  corpora- 
tion to  be  revived  or  carry  on  any  business  under  its  former  name; 
and  such  corporation  shall  have  the  right  to  use  its  former  name  or 
•ake  such  new  name  only  upon  filing  an  application  therefor  with  the 
secretary  of  state  and  upon  the  issuing  of  a  certification  to  such  cor- 
poration by  the  secretary  of  state  setting  worth  the  right  of  such  cor- 
poration to  take  such  new  naYne  or  use  its  former  name  as  the  case  may 
1)0;  provided,  hoivever,  that  the  secretary  of  state  shall  not  issue  any 
certificate  permitting  any  corporation  to  take  or  use  the  name  of  any 
corporation  heretofore  organized  in  this  state  and  which  has  not  suf- 
icred  the  forfeiture  prescribed  by  the  act  of  which  this  act  is  amend- 
atory, or  to  make  or  use  a  name  so  closely  resembling  the  name  of  such 
corporation  heretofore  organized  in  this  state  as  will  tend  to  deceive. 
The  provisions  of  title  IX,  part  III  of  the  Code  of  Civil  Procedure  in 
so  far  as  they  conflict  with  this  section  of  this  act  are  not  applicable  to 
corporations  seeking  revivor  under  this  act.  Amended,  approved  May 
■0,  1913. 

Sec.  7.  All  educational,  religious,  scientific  and  charitable  corpora- 
tions, and  all  corporations  which  are  not  organized  for  pecuniary  profit, 
are  exempt  from  the  provisions  of  this  act.  Amended,  approved 
June  13,  1906. 

Sec.  8.  On  or  before  the  thirty-first  day  of  December  of  each  year 
the  secretary  of  state  shall  make  a  list  of  all  domestic  corporations  whose 
charters  have  been  so  forfeited  and  of  all  foreign  corporations  whose 
right  to  do  business  in  this  state  has  been  so  forfeited,  and  shall 
transmit  a  certified  copy  thereof  to  each  county  clerk  in  this  state,  who 
shall  file  the  same  in  his  office.  Amended,  approved  June  13,  1906. 
Sec.  9.  It  shall  be  unlawful  for  any  corporation,  delinquent  under 
this  act,  either  domestic  or  foreign,  which  has  not  paid  the  license  tax 
or  fee,  together  with  the  penalty  for  such  delinquency,  as  in  this  act 
prescribed,  to  exercise  the  powers  of  such  corporation,  or  to  transact 
any  business  in  this  state,  after  the  thirtieth  day  of  November  next 
I  following  the  delinquency.  Each  and  every  person  who  exercises  any 
of  the  powers  of  a  corporation  so  delinquent,  whether  domestic  or 
foreign,  which  has  not  paid  the  license  tax,  together  with  the  penalty 
for  such  delinquency,  or  who  transacts  any  business  for  or  in  behalf 
of  such  corporation,  after  the  thirtieth  day  of  November  next  follow- 
ing the  delinquency,  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  punished  by  a  fine  of  not  less  than  one  hundred 
dollars,  and  not  exceeding  one  thousand  dollars,  or  by  imprisonment  in 
the  county  jail  not  less  than  fifty  days  nor  more  than  five  hundred  days, 
or  by  both  such  fine  and  imprisonment.  Amended,  approved  June  13, 
1906. 

Sec.  10a.  In  all  cases  of  forfeiture  under  the  provisions  of  this  act, 
the  directors  or  managers  in  office  of  the  affairs  of  any  domestic  cor- 
poration, whose  charter  may  be  so  forfeited,  or  of  any  foreign  corpora- 
tion whose  right  to  do  business  in  this  state  may  be  so  forfeited,  are 
deemed  to  be  trustees  of  the  corporation  and  stockholders  or  members 
of  the  corporation  w^hose  power  or  right  to  do  business  is  forfeited  and 
have  full  power  to  settle  the  affairs  of  the  corporation  and  to  maintain 


ft 


30  CALIFORNIA    STATE    MINING    BUREAU. 

or  defend  any  action  or  proceeding  then  pending  in  behalf  of  or  against 
any  of  said  corporations,  or  to  take  such  legal  proceedings  as  may  be 
necessary  to  fully  settle  the  affairs  of  said  corporation,  and  such  direc- 
tors or  managers,  as  such  trustees,  may  be  sued  in  any  of  the  courts  of 
this  state  by  any  person  having  a  claim  against  any  of  said  cor- 
porations; provided,  always,  that  no  action  pending  against  any 
corporation  shall  abate .  thereby,  but  may  be  prosecuted  to  final 
judgment  the  same  may  be  enforced  by  execution  with  the  same 
force  and  effect  and  in  like  manner  as  though  no  forfeiture  had  oc- 
curred; and  provided,  -further,  that  where  judgment  has  been  entered 
against  any  corporation  prior  to  forfeiture  under  this  act,  that  notwith- 
standing execution  may  be  issued  thereon  and  the  property  of  said 
corporation,  or  which  may  come  into  the  hands  of  any  trustees  for  it 
may  be  levied  upon,  seized  and  sold  to  satisfy  the  same  with  like  force 
and  effect  as  though  such  forfeiture  has  not  occurred.  Amended, 
approved  March  20,  1907. 

Chapter  336. 

An  act  to  repeal  an  act  entitled  "An  act  relating  to  revenue  and  taxation,  pro- 
viding for  a  license  tax  upon  corporations  and  making  an  appropriation  for 
the  purpose  of  carrying  out  the  objects  of  this  act,"  approved  March  20, 
1905,  and  all  acts  amendatory  thereof  or  supplemental  thereto,  and  to  pro- 
vide upon  what  conditions  any  corporation  which  has  failed  to  pay  any 
license  tax  imposed  by  the  provisions  of  any  of  the  acts  hereby  repealed 
may  pay  the  same  and  be  restored  to  its  former  corporate  status  and  rights, 
and  also  to  provide  for  settling  the  affairs  of  any  corporation  which  by 
reason  of  failure  to  pay  any  tax  imposed  by  any  of  said  acts,  has  forfeited 
either  its  charter  or  right  to  do  business  in  this  state. 

(Approved   June    10,    1913.     In   effect   June    30,    1914.) 

The  people  of  the  State  of  California  do  enact  as  follows: 

Section  1.  An  act  entitled  "An  act  relating  to  revenue  and  taxa- 
tion, providing  for  a  license  tax  upon  corporations  and  making  an 
appropriation  for  the  purpose  of  carrying  out  the  objects  of  this  act," 
approved  March  20,  1905,  and  also  all  acts  amendatory  thereof  or 
supplemental  thereto,  are  hereby  repealed ;  provided,  however,  that  this 
act  shall' not  be  construed  to  affect  the  status  of  any  corporation  which 
has  before  the  taking  effect  of  this  act,  by  reason  of  failure  to  pay  any 
tax  in  accordance  with  the  terms  of  any  of  the  acts  hereby  repealed, 
forfeited  either  its  charter  or  right  to  do  business  in  this  state.  Nor 
shall  this  act  be  construed  to  relieve  any  corporation  or  person  from 
any  penalty  or  penal  provision  of  any  of  the  acts  hereby  repealed 
except  as  herein  provided. 

Sec.  2.  Any  corporation  which  has  failed  to  pay  the  license  tax 
required  by  the  provisions  of  any  of  the  acts  hereby  repealed,  may  pay 
to  the  secretary  of  state  all  taxes  and  penalties  prescribed  by  either  of 
said  acts  and  the  license  tax  and  penalties  that  would  have  accrued  if 
such  corporation  had  not  forfeited  its  charter  or  right  to  do  business 
in  this  state,  and  any  such  corporation  making  such  payments  shall 
thereupon  be  relieved  from  the  forfeiture  prescribed  in  any  of  the  acts 
hereby  repealed  and  restored  to  its  former  corporate  rights  and  status 
and  the  secretary  of  state  shall  annually  in  the  month  of  December 
transmit  to  the  county  clerk  of  each  county  a  list  of  the  corporations 
so  paying,  which  list  shall  be  by  said  county  clerk  filed  in  his  office; 
provided,  the  rehabilitation  of  any  such  corporation  by  reason  of 
making  such  payments  shall  be  without  prejudice  to  any  action, 
defense,  or  right  which  accrued  by  reason  of  the  original  forfeiture. 


MINING   LAWS.  31 

!Sec.  3.     The  powers  conferred  by  the  provisions  of  section  10a  of 

the  act   hereby   repealed    (as   amended   March   20,    1907)    upon   the 

directors  or  managers  of  any  such  corporation  in  office  at  the  time  of 

any  such  forfeiture  are  hereby  continued  in  force  and  said  trustees  or 

managers  shall  notwithstanding  the  taking  effect  of  this  act  have  full 

I  power  as  trustees  to  settle  the  affairs  of  any  such  corporation  and  to 

maintain  or  defend  any  action  or  proceeding  then  pending  in  behalf 

of  or  against  any  such  corporation  or  to  take  such  legal  proceedings 

as  may  be  necessary  to  fully  settle  its  affairs  and  such  directors  or 

managers  as  such  trustees  may  be  sued  in  any  of  the  courts  of  this 

i  state  by  any  person  having  a  claim  against  any  such  corporation ; 

!  provided,  always,  that  no  action  pending  against  any  such  corpora- 

!  tion  shall  abate  thereby  but  may  be  brought  to  final  judgment  and  may 

be  enforced  by  execution  and  to  the  same  force  and  effect  and  in  like 

I  manner  as  though  no  forfeiture  has  occurred ;  and  provided,  further, 

I  that  where  judgment  has  been  entered  against  any  corporation  prior 

>  to  forfeiture  under  the  provisions  of  any  of  the  acts  hereby  repealed 

I  notwithstanding  such  forfeiture  execution  may  be  issued  on  any  such 

:  judgment,  and  the  property  of  such  corporation  or  which  may  come 

,  into  the  hands  of  any  trustees  for  it,  may  be  levied  upon,  seized  and 

i  sold  to  satisfy  such  judgment  with  like  force  and  effect  as  though  such 

forfeiture  had  not  occurred. 

Sec.  4.     This  act  shall  take  effect  and  be  in  force  June  30,  1914,  at 
twelve  o'clock  m. 


PROTECTION  OF  STOCKHOLDERS. 

An  act  to  amend  an  act  entitled  "An  act  to  protect  stockholders  and  persons 
dealing  with  corporations  in  this  state,"  approved  March  29,  1878,  and  all 
acts  amendatory  thereof,  and  to  repeal  all  laws  in  conflict  therewith. 

[Approved  March  22,  1905.] 

The  people    of   the   State   of   California,   represented  in   senate   and 
assembly,  do  enact  as  follows: 

Section  1.  Any  superintendent,  director,  secretary,  manager,  agent, 
or  other  officer,  of  any  corporation  formed  or  existing  under  the  laws 
of  this  state,  or  transacting  business  in  the  same,  and  any  person 
pretending  or  holding  himself  out  as  such  superintendent,  director, 
i  secretary,  manager,  agent,  or  other  officer,  who  shall  wilfully  sub- 
scribe, sign,  endorse,  verify,  or  otherwise  assent  to  the  publication, 
either  generally  or  privately,  to  the  stockholders  or  other  persons  deal- 
ing with  such  corporation,  or  its  stock,  any  untrue  or  wilfully  and 
fraudulently  exaggerated  report,  prospectus,  account,  statement  of 
operations,  values,  business,  profits,  expenditures  or  prospects,  or  other 
paper  or  document  intended  to  produce  or  give,  or  having  a  tendency 
to  produce  or  give,  to  the  shares  of  stock  in  such  corporation  a  greater 
value  or  less  apparent  or  market  value  than  they  really  possess,  or 
with  the  intention  of  defrauding  any  particular  person  or  persons,  or 
the  public,  or  persons  generally,  shall  be  deemed  guilty  of  a  felony,  and 
on  conviction  thereof  shall  be  punished  by  imprisonment  in  state 
prison  or  a  county  jail  not  exceeding  two  years,  or  by  fine  not  exceed- 
ing five  thousand  dollars,  or  by  both. 

Sec.  2.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby 
repealed. 

^     6— M 


32  CALIFORNIA    STATE    MINING    BUREAU. 

CIVIL    CODE. 

§  309.  The  directors  of  corporations  must  not  make  dividends, 
except  from  the  surplus  profits  arising  from  the  business  thereof;  nor 
must  they  create  any  debts  beyond  their  subscribed  capital  stock;  nor 
must  they  divide,  withdraw  or  pay  to  the  stockholders,  or  any  of  them, 
any  part  of  the  capital  stock,  except  as  hereinafter  provided,  nor  reduce 
or  increase  the  capital  stock,  except  as  herein  specially  provided.  For 
a  violation  of  the  provisions  of  this  section,  the  directors  under  whose 
administration  the  same  may  have  happened  (except  those  who  may 
have  caused  their  dissent  therefrom  to  be  entered  at  large  on  the 
minutes  of  the  directors  at  the  time,  or  were  not  present  when  the  same 
did  happen)  are,  in  their  individual  or  private  capacity,  jointly  and 
severally  liable  to  the  corporation,  and  to  the  creditors  thereof,  to  the 
full  amount  of  the  capital  stock  so  divided,  withdrawn,  paid  out,  or 
reduced,  or  debt  contracted;  and  no  statute  of  limitation  is  a  bar  to 
any  suit  against  such  directors  for  any  sums  for  which  they  are  liable 
by  this  section;  provided,  hoivever,  that  where  a  corporation  has 
been  heretofore  or  may  hereafter  be  formed  for  the  purpose,  among 
other  things,  of  acquiring,  holding,  and  selling  real  estate,  water, 
and  water  rights,  the  directors  of  such  corporation  may,  with  the 
consent  of  stockholders  representing  two  thirds  of  the  capital  stock 
thereof,  given  at  a  meeting  called  for  that  purpose,  divide  among  the 
stockholders  the  land,  water  or  water  rights  so  by  such  corporation 
held,  in  the  proportions  to  which  their  holdings  of  such  stock  at  the 
time  of  such  division  entitled  them.  All  conveyances  made  by  the 
corporation  in  pursuance  of  this  section  must  be  made  and  received 
subject  to  the  debts  of  such  corporation  existing  at  the  date  of  the 
conveyance  thereof.  Nothing  herein  prohibits  a  division  and  distribu- 
tion of  the  capital  stock  of  any  corporation  which  remains  after  the 
payment  of  all  its  debts,  upon  its  dissolution,  or  the  expiration  of  its 
term  of  existence. 

PENAL  CODE. 
§  560.     Every  director  of  any  stock  corporation  who  concurs  in  any 
vote  or  act  of  the  directors  of  such  corporation  or  any  of  them,  by 
which  it  is  intended,  either — 

1.  To  make  any  dividend,  except  from  the  surplus  profits  arising 
from  the  business  of  the  corporation,  and  in  the  cases  and  manner 
allowed  by  law;  or, 

2.  To  provide,  withdraw,  or  in  any  manner,  except  as  provided  by 
law,  pay  to  the  stockholders,  or  any  of  them,  any  part  of  the  capital 
stock  of  the  corporation ;  or, 

3.  To  discount  or  receive  any  note  or  other  evidence  of  debt  in  pay- 
ment of  any  installment  actually  called  in  and  required  to  be  paid,  or 
with  the  intent  to  provide  the  means  of  making  such  payment ;  or, 

4.  To  receive  or  discount  any  note  or  other  evidence  of  debt,  with 
the  intent  to  enable  any  stockholder  to  withdraw  any  part  of  the  money 
paid  in  by  him,  or  his  stock ;  or, 

5.  To  receive  from  any  other  stock  corporation,  in  exchange  for  the 
shares,  notes,  bonds,  or  other  evidences  of  debt  of  their  own  corpora- 
tion, shares  of  the  capital  stock  of  such  other  corporation,  or  notes, 
bonds,  or  other  evidences  of  debt  issued  by  such  other  corporation : 
— is  guilty  of  a  misdemeanor. 


MINING    LAWS.  33 


TO  PREVENT  WASTING  OF  NATURAL  GAS. 

fkti  act  prohibiting  the  unnecessary  wasting  of  natural  gas  into  the  atmosphere; 
providing  for  the  capping  or  otherwise  closing  of  wells  from  which  natural 
gas  flows;    and   providing   penalties  for  violating   the   provisions   of  this   act. 

[Approved  March  25,  1911.] 

The  people   of  the  State   of   California,   represented  in   senate   and 
assembly,  do  enact  as  follows: 

Section  1.  All  persons,  firms,  corporations  and  associations  are 
lereby  prohibited  from  wilfully  permitting  any  natural  gas  wastefully 
:o  escape  into  the  atmosphere. 

Sec.  2.  All  persons,  firms,  corporations  or  associations  digging, 
irilling,  excavating,  constructing  or  owning  or  controlling  any  well  from 
»vhich  natural  gas  flows  shall  upon  the  abandonment  of  such  well,  cap 
)r  otherwise  close  the  mouth  of  or  entrance  to  the  same  in  such  a  man- 
ler  as  to  prevent  the  unnecessary  or  wasteful  escape  into  the  atmosphere 
)f  such  natural  gas.  And  no  person,  firm,  corporation  or  association 
)wning  or  controlling  land  in  which  such  well  or  wells  are  situated 
>hall  wilfully  permit  natural  gas  flowing  from  such  well  or  wells, 
^vastefully  or  unnecessarily  to  escape  into  the  atmosphere. 

Sec.  3.  Any  person,  firm,  corporation  or  association  who  shall  wil- 
fully violate  any  of  the  provisions  of  this  act  shall  be  deemed  guilty 
Df  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a 
line  of  not  more  than  one  thousand  dollars  or  by  imprisonment  in  the 
20unty  jail  for  not  more  than  one  year,  or  by  both  such  fine  and 
imprisonment. 

Sec.  4.  For  the  purposes  of  this  act  each  day  during  which  natural 
oras  shall  be  wilfully  allowed  wastefully  or  unnecessarily  to  escape 
into  the  atmosphere  shall  be  deemed  a  separate  and  distinct  violation 
of  this  act. 

Sec.  5.  All  acts  or  parts  of  acts  in  conflict  herewith  are  hereby 
repealed. 

^EC.  6.     This  act  shall  take  effect  immediately. 

PROTECTION  OF  OIL  AND  GAS  STRATA. 

^n  act  to  prevent  injury  to  oil,  gas  or  petroleum-bearing  strata  or  formations 
by  the  penetration  or  infiltration  of  water  therein. 

[Approved  March  20,    1909.] 

'''!"    ^rople   of   the   State   of   California,   represented  in   senate   and 
assembly,  do  enact  as  follows: 

Skction  1.  It  shall  be  the  duty  of  the  owner  of  any  well  now 
1  rilled  or  that  may  be  drilled  in  the  State  of  California  on  lands  pro- 
liicing  or  containing  oil,  gas  or  petroleum,  to  properly  case  such  well 
'!■  wells,  with  metal  casing  in  accordance  with  most  approved  methods, 
111(1  to  effectually  shut  off  all  water  overlying  or  underlying  the  oil- 
ring  strata  and  to  effectually  prevent  any  water  from  penetrating 
ii  oil-bearing  strata. 

Sec.  2.  It  shall  be  the  duty  of  the  owner  of  any  well  referred  to  in 
X  <tion  one  of  this  act,  before  abandoning  the  same  to  withdraw  the 
3asing  therefrom,  and  to  securely  fill  such  well  with  clay,  earth  or 
lent  mortar,  or  other  good  and  sufficient  materials,  used  alone  or  in 
ible  combination,  and  thoroughly  pack  and  tamp  the  same  into 


IE 


34  CALIFORNIA    STATE    MINING   BUREAU. 

such  well  to  a  point  as  far  above  the  upper  oil-bearing  strata  as  the 
coniinissioner  hereinafter  provided  for  may  decide  shall  be  necessary, 
and  while  withdrawing  the  casing  therefrom  to  effectually  and  per- 
manently shut  off  and  exclude  all  water  underlying  and  overlying  said 
oil-beariiig  strata,  and  to  the  satisfaction  of  the  commissioner,  whether 
an}'  oil-bearing  strata  has  been  encountered  or  not. 

Sec.  3.  It  shall  be  the  duty  of  the  owner  of  any  well  referred  to 
in  section  one  of  this  act,  to  keep  a  careful  and  accurate  log  of  the  drill- 
ing of.  such  well,  such  log  to  show  the  character  and  depth  of  the  for- 
mations passed  through  or  encountered  in  the  drilling  of  such  well, 
and  particularly  to  show  the  location  and  depth  of  the  water-bearing 
strata,  together  with  the  character  of  the  water  encountered  from  time 
to  time,  and  to  show  at  what  point  such  water  was  shut  off,  if  at  all, 
and  if  not  to  so  state  in  such  log,  and  show  the  depth  at  which  oil- 
bearing  strata  is  encountered,  the  depth  and  character  of  the  same, 
and  whether  all  water  overlying  and  underlying  such  oil-bearing  strata 
was  successfully  and  permanently  shut  off  so  as  to  prevent  the  perco- 
lation or  penetration  into  such  oil-bearing  strata;  said  record  of  well 
to  be  kept  on  file  and  subject  to  the  inspection  of  hereinafter  mentioned 
commissioner  at  any  time  during  business  hours. 

Sec.  4.  The  term  ''owner''  as  herein  used  shall  mean  and  include 
each  and  every  person,  persons,  partnership,  copartnership,  association 
or  corporation  owning,  leasing,  managing,  operating,  drilling  or  pos- 
sessing any  well  mentioned  in  sections  one  and  two  of  this  act,  either  as 
principal  or  principals,  lessee  or  lessees  of  such  principal  or  principals, 
contractor  or  contractors,  and  their  and  each  of  their  employees.  The 
term  "oil-bearing  strata"  as  herein  used  shall  mean  and  include  an> 
bed,  seam  or  stratum  of  rock  or  sand  or  other  material  which  contains, 
includes,  or  yields  earth  oil,  rock  oil,  or  petroleum  oil  or  natural  gas 
or  either  of  them. 

In  order  to  carry  out  the  provision  of  sections  one  and  two  of  this  act. 
upon  petition  of  three  or  more  operating  oil  companies,  within  tli< 
county,  it  shall  be  the  duty  of  the  board  of  supervisors  of  said  count\ 
to  appoint  a  commissioner  who  shall  be  a  practical  oil  man,  whose  term 
of  office  shall  be  until  December  31st  of  the  year  following  time  of 
appointment  or  until  his  successor  is  appointed. 

The  duties  of  said  commissioner  shall  be  to  see  that  the  provisions 
of  this  act  shall  be  enforced. 

The  compensation  of  said  commissioner  shall  be  fixed  by  the  board  of 
supervisors  and  shall  be  paid  out  of  the  general  county  fund. 

Upon  the  filing  of  a  complaint  with  said  commissioner  alleging  tli' 
violation  of  any  of  the  provisions  of  sections  one  or  two  of  this  act,  ii 
shall  be  the  duty  of  the  hereinbefore  mentioned  commissioner  of  the 
county,  if  so  requested  by  the  complainants,  to  make  or  cause  to  be  made, 
a  thorough  investigation  of  the  well  in  question,  to  determine  whether 
or  not  any  of  the  provisions  of  this  act  have  been  violated  and  for  such 
purpose  he  is  hereby  empowered  to  appoint  all  necessary  agents  and 
assistants  to  conduct  such  examination  and  such  agents  and  assistants 
may  enter  upon  the  premises  where  such  well  is  situated  and  may  take 
charge  of  such  well  for  the  purpose  of  making  such  investigations.     If 
the  defendant  in  the  action  shall  be  convicted  of  a  violation  of  any  of 
the  provisions  of  sections  one  or  two  of  this  act,  he  shall,  in  addition  t 
the  penalties  hereafter  set  forth,  pay  all  reasonable  and  proper  rosi 
incident  to  the  making  of  such  investigations. 


MINING  LAWS.  35 

y  well  drilled  and  abandoned,  in  violation  of  sections  one  or  two  of 

IS  act  is  hereby  declared  a  public  nuisance. 

If  any  well,  under  the  provision  of  sections  one  or  two  of  this  act  be 
declared  a  public  nuisance,  it  shall  be  the  duty  of  commissioner  of  the 
county  in  which  such  well  is  situated  to  enter  upon  the  premises,  take 
possession  of  such  well  and  to  abate  said  nuisance  and  to  take  all  neces- 
sary steps  to  prevent  the  percolation  or  penetration  of  water  into  the 
oil-bearing  strata.  He  shall  keep  an  accurate  account  of  the  expense 
of  such  work  and  all  expenses  so  incurred  shall  be  a  charge  against 
the  owner  of  such  well  and  a  lien  upon  the  same. 

Any  person  violating  the  provisions  of  this  act  shall  be  guilty  of  a 
misdemeanor. 

Any  o\^^ler  of  any  well  referred  to  in  sections  one  or  two  of  this  act, 
who  refuses  to  permit  the  commissioner  to  inspect  the  same  or  who  wil- 
fully hinders  or  delays  the  commissioner  in  the  performance  of  his 
duty  is  guilty  of  a  misdemeanor. 

An  "act"  to  prevent  injury  to  oil,  or  petroleum-bearing  strata,  or 
formations  by  infiltration  or  intrusion  of  water  therein,  approved 
March  24,  1903,  is  hereby  repealed. 


USE  OF  CALIFORNIA  MATERIALS  IN  CALIFORNIA   PUBLIC 

BUILDINGS. 

Section  3247  of  the   Political   Code. 

j     "Any  person,  committee,  board,  officer,  or  any  other  person  charged 
[with  the  purchase,  or  permitted  or  authorized  to  purchase,  supplies, 
(goods,  wares,  merchandise,  manufactures,  or  produce,  for  the  use  of 
I  the  state,  or  any  of  its  institutions  or  offices,  or  for  the  use  of  any 
[county  or  consolidated  city  and  county,  or  city,  or  town,  shall  always, 
I  price,  fitness  and  quality  being  equal,  prefer  such  supplies,   goods, 
I  wares,   merchandise,   manufactures,   or  produce  as   has   been   grown, 
'  manufactured  or  produced  in  this  state,  and  shall  next  prefer  such  as 
have  been  partially  so  manufactured,  grown  or  produced  in  this  state. 
'All  state,  county,  city  and  county,  city  or  town  officers,  all  boards,  com- 
missions, or  other  persons  charged  with  advertising  for  any  such  sup- 
I  plies,  shall  state  in  their  advertisement  that  such  preferences  will  be 
I  made.     In  any  such  advertisement  no  bid  shall  be  asked  for  any  article 
liof  a  specific  brand  or  mark  nor  any  patent  apparatus  or  appliances, 
when  such  requirement  would  prevent  proper  competition  on  the  part 
<'f  dealers  in  other  articles  of  equal  value,  utility  or  merit." 


LANDS  UNCOVERED  BY  RECESSION  OF  WATER. 

An  act  to  amend  section  3493m  of  the  Political  Code  relating  to  land  uncovered 
by  the  recession  or  drainage  of  the  waters  of  inland   lakes. 

i  [Approved  Aprii  14.  1911.] 

:  people   of  the  State   of   California,  represented  in   senate   and 
assembly,  do  enact  as  follows: 
ECTiON  1.     Section  3493m  of  the  Political  Code  is  hereby  amended 
'ead  as  follows: 
ection  3493m.     Any  person  desiring  to  purchase  any  of  the  lands 
r  uncovered  or  which  may  hereafter  be  uncovered  by  the  recession 


36  CALIFORNIA    STATE    MINING   BUREAU. 

or  drainage  of  the  waters  of  inland  lakes,  and  inuring  to  the  state  by 
virtue  of  her  sovereignty,  or  the  swamp  and  overflowed  lands  not  segrc 
gated  by  the  United  States,  must  make  an  application  therefor  to  tli 
surveyor  general  of  the  state,  which  application  must  be  accompanio 
by  the  applicant's  affidavit  that  he  is  a  citizen  of  the  United  Stato 
or  has  declared  his  intention  to  become  such,  a  resident  of  this  state, 
of  lawful  age,  that  he  desires  to  purchase  such  lands  (describing  themi 
by  legal  subdivisions,  or  by  metes  and  bounds,  if  the  legal  subdivisions; 
are  unknown),  under  the  provisions  of  this  article,  for  his  own  use  and! 
benefit,  and  for  the  use  and  benefit  of  no  other  person  whomsoever. 
and  that  he  has  made  no  contract  or  agreement  to  sell  the  same,  and 
that  he  does  not  own  any  state  lands  which,  together  with  that  now 
sought  to  be  purchased,  exceed  six  hundred  and  forty  acres. 

The  provisions  of  this  section  shall  not  affect  or  apply  to  any  land 
uncovered  by  the  recession  or  drainage  of  the  waters  of  any  lake  or 
other  body  of  water,  the  waters  of  which  are  so  impregnated  withi 
minerals  as  to  be  valuable  for  the  purpose  of  extracting  therefrom  suchj 
minerals;  but  the  land  uncovered  by  the  recession  or  drainage  of  such 
waters  shall  be  subject  to  lease  for  periods  of  not  longer  than  twenty- 
five  years  upon  such  charges,  terms  and  conditions  as  may  be  prescribed 
by  law. 

Sec.  2.  All  acts  or  parts  of  acts  in  conflict  herewith  are  hereb}' 
repealed. 

Sec.  3.     This  act  shall  take  effect  immediately. 


EXTRACTION  OF  MINERALS  FROM  WATER. 

An  act  regulating  the  extraction  of  minerals  from  the  waters  of  any  stream  on 
lake  and  prohibiting  the  extraction  of  minerals  from  said  waters  except' 
under  lease  from  or  express  permission  of  the  state  for  a  period  not  exceed- 
ing twenty-five  years. 

[Approved  April  14,  1911.] 

The   people   of   the   State   of   California,   represented  in  -senate   ana\ 
assembly,  do  enact  as  follows:  j 

Section  1.  Minerals  contained  in  the  waters  of  any  stream  or  lakq 
in  this  state  shall  not  be  extracted  from  said  waters  except  upon  charges 
terms  and  conditions  prescribed  by  law.  No  person,  firm,  corporatioi 
or  association  shall  hereafter  gain  the  right  to  extract  or  cause  to  1^ 
extracted  said  minerals  from  said  waters  by  user,  custom,  prescription 
appropriation,  littoral  rights,  riparian  rights,  or  in  any  manner  oth»  i 
than  by  lease  from  or  express  permission  of  the  state  as  prescribed  h\ 
law;  and  no  such  lease  or  permission  shall  be  granted  for  a  longer 
period  than  twenty-five  years. 

Sec.  2.     All  acts  or  parts  of  acts  in  conflict  herewith  are  hereby 
repealed. 

Sec.  3.    This  act  shall  take  effect  immediately. 


MINING   LAWS.  37 


HYDRAULIC  MINING. 

Where  hydraulic   mining   can   be   carried   on. 

§  1424.     The  business  of  hydraulic  mining  may  be  carried  on  within 
the  State  of  California  wherever  and  whenever  the  same  can  be  carried 
on  without  material   injury  to   the   navigable   streams,   or  the   lands 
adjacent  thereto. 
Meaning  of  hydraulic  mining. 

§  1425.  Hydraulic  mining,  within  the  meaning  of  this  title,  is  min- 
iiitr  by  the  means  of  the  application  of  water,  under  pressure,  through 
n  nozzle,  agrainst  a  natural  bank. 


MINERAL  LANDS  WITHIN  MEANDER  LINES  OF  LAKES  AND 

STREAMS. 

An  act  relating  to  lakes  and  streams,  the  waters  of  which  contain  minerals  in 
commercial  quanitities;  withdrawing  state  lands  within  the  meander  lines 
thereof  from  sale;  prescribing  conditions  for  taking  such  minerals  from 
said  waters  and  lands,  and  providing  for  the  leasing  of  lands  uncovered  by 
the  recession  of  the  waters  of  such   lakes  and  streams. 

[Approved  April  27,  1911.] 

/'/((    people   of  the   State   of   California,   represented  in   senate   and 
assembly,  do  enact  as  follows: 

Section  1.  There  is  hereby  withdrawn  from  selection  and  sale  all 
of  the  lands  embraced  within  the  original  meander  lines  of  streams  and 
lakes  belonging  to  the  state,  the  waters  of  which  contain  minerals  in 
commercial  quantities,  and  all  such  lands  which  may  hereafter  inure 
to  the  state  by  virtue  of  its  sovereignty,  excepting  such  lands  now 
contracted  to  be  sold  under  sections  3493m  to  3493^^  both  inclusive,  of 
the  Political  Code. 

Sec.  2.  No  person,  firm  or  corporation  shall  take  water  from  such 
streams  or  lakes  containing  minerals  and  extract  from  siich  water  such 
linerals,  except  under  the  terms  and  conditions  of  this  act;  and  no 
jMTson,  firm  or  corporation  may  lease  any  land  herein  referred  to  and 
«  xtract  therefrom  minerals  deposited  therein  or  thereon,  except  under 
the  terms  and  conditions  of  this  act. 

Sec.  3.     Every  person,  firm  or  corporation  taking  from  the  waters 
of  such  stream,  lakes  or  lands  any  minerals,  shall  file,  on  or  before  the 
last  Monday  in  January  of  each  year,  with  the  county  assessor  of  the 
county  in  which  any  such  stream  or  lake  is  situated,  and  also  with  the 
state  controller,  a  written  statement,  duly  verified,  showing  in  tons  of 
two  thousand  pounds,  the  amount  of  mineral  taken  by  such  person,  firm 
or  corporation  from  such  water  or  land  during  the  year  ending  Decem- 
ber 31st  last  preceding,  and  sold  by  said  person,  firm  or  corporation 
during  the  said  year  preceding.     Any  such  person,  firm  or  corporation 
neglecting  or  refusing  to  furnish  such  statement  shall  be  subject  to  a 
fine  of  one  hundred  dollars  for  each  day  after  the  said  last  Monday  in 
January  such  person,  firm  or  corporation,  shall  fail  to  furnish  such 
statement,  and,  in  addition  to  said  fine,  shall  forfeit  all  leases  granting 
^he  right  to  extract  such  minerals  from  said  water  and  said  land.     Any 
■|erson  who  shall,  either  on  behalf  of  himself  or  any  firm  or  corpora- 
^Bon,  verify  any  such  statement  which  shall  be  untrue  in  any  material 
HUrt,  shall  be  deemed  guilty  of  a  misdemeanor. 


38  CALIFORNIA   STATE   MINING   BUREAU. 

Sec.  4.  In  case  either  the  assessor  or  the  state  controller  shall  not 
be  satisfied  with  the  statement  as  returned,  he  may  make  an  examina- 
tion of  the  matters  necessary  to  verify  or  correct  said  statement,  and, 
for  that  purpose,  may  subpa3na  witnesses  and  call  for  and  compel  the 
production  of  necessary  books  and  papers  belonging  to  the  person, 
firm  or  corporation  making  the  returns. 

Sec.  5.  The  county  assessor  of  the  county  shall,  after  examination 
and  approval  by  him  and  the  state  controller  of  such  statement,  proceed 
to  collect  from  such  person,  firm  or  corporation  a  royalty  of  twenty- 
five  cents  for  each  ton  of  two  thousand  pounds  of  mineral  taken  from 
such  water  or  land  by  such  person,  firm  or  corporation  and  sold,  during 
the  preceding  year,  in  the  manner  provided  for  the  collection  of  per- 
sonal property  taxes ;  provided,  that  the  royalty  on  sodium  bicarbonate 
and  on  sodium  hydrate  so  taken  shall  be  fifty  (50)  cents  for  each  ton 
of  two  thousand  pounds. 

Sec.  6.  Any  person,  firm  or  corporation  desiring  to  lease  any  lands 
under  this  act  must  make  application  therefor  to  the  surveyor  general 
of  the  state,  describing  the  lands  sought  to  be  leased  by  legal  subdivi- 
sions, or  if  the  legal  subdivisions  are  unknown  to  the  applicant,  by 
metes  and  bounds.  The  application  must  be  accompanied  by  a  filing 
fee  of  ten  dollars. 

Sec.  7.  Upon  the  receipt  of  such  application,  the  surveyor  general 
shall  direct  the  county  surveyor  of  the  county  in  which  such  lands  are 
situated  to  survey  the  land  sought  to  be  leased.  The  county  surveyor 
shall  make  an  actual  survey  of  the  land,  at  the  expense  of  the  applicant, 
establishing  the  four  corners  to  each  quarter  section,  and  connecting 
the  same  with  a  United  States  survey ;  and,  within  thirty  days  file  with 
the  surveyor  general  a  copy,  under  oath,  of  his  field  notes  and  plat.  If 
the  county  surveyor  fails  to  make  the  survey  as  herein  provided,  the 
surveyor  general  shall  immediately  direct  another  person  to  make  the 
survey  at  the  expense  of  the  applicant,  and  said  survey  shall  be  made 
and  completed  within  thirty  days  after  the  authorization,  and  the  field 
notes  and  plats,  or  copies  thereof,  shall  be  sworn  to  by  the  surveyor 
making  them  and  shall  be  filed  with  the  surveyor  general. 

Sec.  8.  All  applications  to  lease  land  under  this  act  shall  be  ap- 
proved or  rejected  by  the  surveyor  general  within  ninety  days  after 
the  receipt  thereof.  Immediately  after  the  approval  of  the  application, 
the  surveyor  general  shall  execute  and  deliver  to  the  applicant  a  loase 
of  the  lands  described  in  the  application. 

Sec.  9.  The  lands  designated  in  this  act  shall  be  leased  at  the  rate 
of  two  dollars  and  fifty  cents  per  acre,  per  year,  payable  yearly  in 
advance.  All  moneys  received  as  rental  for  such  lands  and  as  royalty 
upon  the  mineral  product  of  the  waters  of  the  lakes,  streams  or  lands 
above  mentioned,  shall  be  paid  into  the  state  school  land  fund. 

Sec.  10.  Whenever  any  lease  is  delivered  to  the  applicant  by  the 
surveyor  general,  the  lessee  shall  within  fifteen  days  thereafter,  present 
said  lease  to  the  treasurer  of  the  State  of  California,  and  make  pay- 
ment of  the  first  annual  rental.  The  treasurer  shall  receive  the  money 
and  give  a  receipt  therefor.  All  subsequent  annual  payments  of  rental 
must  be  paid  to  the  state  treasurer,  in  like  manner,  within  fifteen  days 
after  they  become  due.  In  case  payments  are  not  made  as  herein  pro- 
vided, the  lease  and  all  rights  thereunder  shall  cease  and  terminate. 
No  lease  shall  run  for  more  than  twenty-five  years ;  provided,  that  upon 


MINING   LAWS.  39 

the  expiration  of  any  lease,  such  lease  may  be  extended  for  a  period  of 
twenty-five  years  upon  such  terms  and  conditions  as  may  then  be  pre- 
scribed by  law. 

Sec.  11.  All  leases  made  under  the  authority  of  this  act  shall  con- 
tain a  reservation  to  the  state  of  a  right  to  locate  rights  of  way  across 
such  leased  lands,  subject  only  to  the  requirements  that  the  riglits  of 
way  shall  be  located  in  such  manner  as  to  cause  the  least  injury  to  the 
leased  lands  across  which  the  same  may  be  located,  and  that  any  damage 
suffered  by  the  lessee  of  such  lands  shall  be  compensated  by  the  lessee 
of  the  lands  for  whose  benefit  the  right  of  way  is  required ;  and  every 
such  lease  shall  be  subject  to,  and  shall  contain  a  reservation  of,  the 
right  of  any  city  and  county  or  incorporated  city  or  town  of  this  state 
to  at  any  time  appropriate  and  take,  under  the  laws  of  this  state  relative 
to  the  appropriation  of  waters,  water  from  any  stream  or  lake  tributary 
to  or  discharging  into  any  stream  or  lake  of  the  character  mentioned  in 
section  one  of  this  act,  for  any  use  or  uses  within  the  authorized  powers 
of  such  city  and  county,  or  incorporated  city  or  town. 

Sec.  12.  Leases  of  rights  of  way,  not  exceeding  one  hundred  feet 
in  width,  for  access  to  any  water  or  lands  designated  by  this  act,  may 
be  applied  for  and  granted  in  the  manner  herein  provided  for  leasing 
lands.  Such  rights  of  way  shall  be  leased  at  an  annual  rental  of  two 
dollars  and  fifty  cents  an  acre,  and  the  same  shall  be  paid  as  herein 
provided  for  leased  lands. 

Sec.  13.  All  leases  of  mineral  lands  provided  for  by  this  act  shall 
cease  and  terminate  on  December  31st  of  any  year  if  the  lessee  or 
assigns  has  not,  during  the  year  preceding,  extracted  or  removed  from 
such  land  and  water  an  amount  of  mineral  equal,  in  the  aggregate,  to 
a  minimum  of  five  tons  per  acre  of  land  leased;  provided,  that  when  a 
lease  is  not  delivered  to  the  lessee  until  after  the  fifteenth  day  of 
January  of  any  year,  the  minimum  tonnage  for  such  year  shall  be 
less  than  five  (5)  tons,  and  shall  be  proportional  to  the  number  of 
days  remaining  in  such  year  after  the  completion  of  the  works. 

Sec.  14.  The  surveyor  general  is  hereby  authorized  to  prepare, 
make,  execute  and  deliver  all  papers,  instruments  and  documents,  and 
to  do  any  and  all  things  necessary  to  carry  out  the  provisions  of  this 
act. 

Sec.  15.  The  legislature  shall  have  the  right  to  change,  from  time 
to  time,  the  royalty  per  ton  of  minerals  extracted  and  the  annual 
rental  per  acre  of  land,  and  such  change  shall  apply  to  all  persons, 
firms  or  corporations  holding  leases  hereinunder;  provided,  that  no 
lease  given  under  this  act  shall  be  subject  to  any  change,  as  to  the 
royalty  or  rental  provided  for  in  said  lease,  subsequent  to  the  execution 
of  such  lease  until  after  ten  years  from  the  passage  of  this  act. 

Sec.  16.  Any  lessee  hereinunder  may  abandon  and  surrender  a 
lease  at  the  expiration  of  any  calendar  year  by  filing  with  the  county 
assessor  of  the  county  in  which  is  situated  the  lands  described  in  said 
lease,  and  with  the  surveyor  general  and  the  state  controller,  notices 
of  said  abandonment  or  surrender;  but  said  notices  must  be  filed  at 
least  sixty  days  before  the  expiration  of  said  calendar  year;  and  said 
abandonment  and  surrender  shall  not  absolve  the  said  lessee  from  the 
payment  of  any  royalty  which  may  be  due  at  the  end  of  said  fiscal 
year,  for  minerals  extracted  from  the  waters  or  lands  in  this  act 
specified. 
^Sec.  17.     This  act  shall  take  effect  immediately. 


40  CALIFORNIA    STATE    MINING    BUREAU. 

THE  RIGHT  OF  EMINENT  DOMAIN. 

An  act  to  amend  section  twelve  hundred  and  tKirtv-eight  of  the  Code  of  Civil 
Procedure,  relating  to  the  purposes  for  which  the  right  of  eminent  domain 
may  be  exercised,  and  repealing  all  acts  and  parts  of  acts  in  conflict  with 
this  act. 

[Approved  April  28,   1911.] 

Section  1.  Section  twelve  hundred  and  thirty-eight  of  the  Code  of 
Civil  Procedure  is  hereby  amended  to  read  as  follows : 

§  1238.  Subject  to  the  provisions  of  this  title,  the  right  of  eminent 
domain  may  be  exercised  in  behalf  of  the  following  public  uses : 

4.  Wharves,  docks,  piers,  chutes,  booms,  ferries,  bridges,  toll  roads, 
by-roads,  plank,  and  turnpike  roads;  paths  and  roads  either  on  the 
surface,  elevated,  or  depressed,  for  the  use  of  bicycles,  tricycles,  motor 

^  cycles  and  other  horseless  vehicles,  steam,  electric^,  and  horse  railroads, 
canals,  ditches,  dams,  poundings,  flumes,  aqueducts  and  pipes  for  irri- 
gation, public  transportation,  supplying  mines  and  farming  neighbor- 
hoods with  water,  and  draining  and  reclaiming  lands,  and  for  floating 
logs  and  lumber  on  streams  not  navigable. 

5.  Roads,  tunnels,  ditches,  flumes,  pipes  and  dumping  places  for 
working  mines ;  also  outlets,  natural  or  otherwise,  for  the  flow,  deposit, 
or  conduct  of  tailings  or  refuse  matter  from  mines ;  also  an  occupancy 
in  common  by  the  owners  or  possessors  of  different  mines  of  any  place 
for  the  flow,  deposit,  or  conduct  of  tailings  or  refuse  matter  from  their 
several  mines. 

6.  By-roads  leading  from  highways  to  residences,  farms,  mines, 
mills,  factories  and  buildings  for  operating  machinery,  or  necessary  to 
reach  any  property  used  for  public  purposes. 

7.  Telegraph  and  telephone  lines,  systems  and  plants. 

9.  Roads  for  transportation  by  traction  engines  or  road  locomotives, 
10.-  Oil  pipe  lines. 

11.  Roads  and  flumes  for  logging  or  lumbering  purposes. 

12.  Canals,  reservoirs,  dams,  ditches,  flumes,  aqueducts  and  pipes 
and  outlets  natural  or  otherwise  for  supplying,  storing  and  discharging 
water  for  the  operation  of  machinery  for  the  purpose  of  generating  and 
transmitting  electricity  for  the  supply  of  mines,  quarries,  railroads, 
tramways,  mills,  and  factories  with  electric  power;  and  also  for  the 
applying  of  electricity  to  light  or  heat  mines,  quarries,  mills,  factories, 
incorporated  cities  and  counties,  villages  or  towns;  and  also  for  fur- 
nishing electricity  for  lighting,  heating  or  power  purposes  to  individuals 
or  corporations,  together  with  lands,  buildings  and  all  other  improve- 
ments in  or  upon  which  to  erect,  install,  place,  use  or  operate  machinery 
for  the  purpose  of  generating  and  transmitting  electricity  for  any  of 
the  purposes  or  uses  above  set  forth. 

Sec.  2.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby 
repealed. 

Sec.  3.     This  act  shall  take  effect  immediately. 

An   act  to   amend   section   1239   of  the   Code  of  Civil    Procedure,   relating   to   pro- 
ceedings to  exercise  the  right  of  eminent  domain. 

[Approved  April  5,   1911.] 

Section  1.  Section  1239  of  the  Code  of  Civil  Procedure  of  the  State 
of  California,  is  hereby  amended  to  read  as  follows : 

§  1239.  The  following  is  a  classification  of  the  estates  and  rights  in 
lands  subject  to  be  taken  for  public  use : 

1.  A  fee  simple,  when  taken  for  public  buildings  or  grounds,  or  for 


MINING   LAWS.  41 


I 

^^manent  buildings,  for  reservoirs  and  dams,  and  permanent  flooding 
"o<»casioned  thereby,  or  for  an  outlet  for  a  flow,  or  a  place  for  the 
'deposit  of  debris  or  tailings  of  a  mine.  *  *  * 


TRIALS  INVOLVING  MINING  CLAIMS. 

An  act  to  amend  section  595  of  the  Code  of  Civil  Procedure  of  this  state  relating 

to   trials   in    civil    causes. 

[Approved  May  1,   1911.] 

Section  1.     Section  five  hundred  and  ninety-five  of  the   Code  of 

[Civil  Procedure  of  California  is  hereby  amended  to  read  as  follows: 

§  595.     A  motion  to  postpone  a  trial  on  the  ground  of  the  absence  of 

I  evidence  can  only  be  made  upon  affidavit  showing  the  materiality  of 

jthe  evidence  expected  to  be  obtained;  and  that  due  diligence  has  been 

[used  to  procure  it.     A  trial  shall  be  postponed  when  it  appears  to  the 

!  court  that  the  attorney  of  record,  party,  or  principal  witness  is  actually 

[engaged  in  attendance  upon  a  session  of  the  legislature  of  this  state  as 

I  a  member  thereof.     The  court  may  require  the  moving  party,  where 

(application  is  made  on  account  of  the  absence  of  a  material  witness,  to 

state  upon  affidavit  the  evidence  which  he  expects  to  obtain ;  and  if  the 

adverse  party  thereupon  admits  that  such  evidence  would  be  given, 

and  that  it  be  considered  as  actually  given  on  the  trial,  or  offered  and 

overruled  as  improper,  the  trial  must  not  be  postponed.     In  actions 

involving  the  title  to  mining  claims,  or  involving  trespass  for  damage 

I  upon  mining  claims,  if  it  be  made  to  appear  to  the  satisfaction  of  the 

[court  that,  in  order  that  justice  may  be  done  and  the  action  fairly 

{tried  on  its  merits,  it  is  necessary  that  further  developments  should 

be   made,   underground   or   upon   the   surface   of   the   mining   claims 

involved  in  said  action,  the  court  shall  grant  the  postponement  of  the 

trial  of  the  action,  giving  the  party  a  reasonable  time  in  which  to 

prepare  for  trial  and  to  do  said  development  work. 


LOCATION  OF  MINING  CLAIMS,  MILL  SITES,  AND  ASSESS- 
MENT WORK. 

An  act  to  amend  the  Civil  Code  of  California  by  adding  a  new  title  thereto,  to 
be  numbered  title  X,  in  part  IV  of  division  second,  consistinq  of  sec- 
tions 1426,  1426a,  1426b,  1426c,  1426d,  1426e,  1426f,  1426g,  1426h,  1426i,  1426j, 
1426k,  14261,  1426m,  1426n,  1426o,  1426p,  1426q,  1426r,  and  1426s,  providing 
for  tne  manner  of  locating  lode  and  placer  mining  claims,  tunnel  rights,  mill 
sites,  and  prescribing  the  character  and  amount  of  assessment  work  on  min- 
ing claims,  and  providinn  for  proofs  of  such  work,  and  for  the  recordation  of 
location  notices,  and  proof  of  labor,  and  for  the  enforcement  of  contribu- 
tions from  delinquent  co-owners  of  mining  claims,  and  prescribing  the 
duties  of  county  recorders  respecting  the  recording  of  location  notices  of, 
and  proofs  of  labor  on,  mining  claims,  tunnel  rights,  and  mill  sites,  and  the 
fees  to   be  charged   therefor,  and   repealing   acts   in   conflict   herewith. 

[Approved  March  13,  1909.] 

\e  people   of  the   State   of   California,   represerited  in   senate   and 
assembly,  do  enact  as  follows: 

Section  1.  The  Civil  Code  of  the  State  of  California  is  hereby 
mded  by  adding  a  new  title  thereto,  to  be  numbered  title  X,  in  part 
of  second  division,  consisting  of  sections  1426,  1426a,  14266,  1426c, 


42  CALIFORNIA   STATE   MINING   BUREAU. 

U26d,  1426c,  1426/,  14265r,  1426/i,  1426i,  1426i,  U26k,  1426?,  1426m,  h 
1426??,  14260,  1426p,  1426g,  and  1426r,  and  14265,  to  read  as  follows: 

§  1426.  Any  person,  a  citizen  of  the  United  States,  or  who  has 
declared  his  intention  to  become  such,  who  discovers  a  vein  or  lode 
of  quartz,  or  other  rock  in  place  bearing  gold,  silver,  cinnabar,  lead^ 
tin,  copper,  or  other  valuable  deposit,  may  locate  a  claim  upon  such 
vein  or  lode,  by  defining  the  boundaries  of  the  claim,  in  the  manner 
hereinafter  described,  and  by  posting  a  notice  of  such  location,  at  the 
point  of  discovery,  which  notice  must  contain: 

First — The  name  of  the  lode  or  claim.  . 

Second — The  name  of  the  locator  or  locators.  f 

Third — The  number  of  linear  feet  claimed  in  length  along  the  course 
of  the  vein,  each  way  from  the  point  of  discovery,  with  the  width  on 
each  side  of  the  center  of  the  claim,  and  the  general  course  of  the  vein 
or  lode,  as  near  as  may  be. 

Fourth — The  date  of  location. 

Fifth — Such  a  description  of  the  claim  by  reference  to  some  natural 
object,  or  permanent  monument,  as  will  identify  the  claim  located. 

§  1426a.  The  locator  must  define  the  boundaries  of  his  claim  so 
that  they  may  be  readily  traced,  and  in  no  case  shall  the  claim  extend 
more  than  fifteen  hundred  feet  along  the  course  of  the  vein  or  lode,  nor 
more  than  three  hundred  feet  on  either  side  thereof,  measured  from 
the  center  line  of  the  vein  at  the  surface. 

§  14266.  Within  thirty  days  after  the  posting  of  his  notice  of  loca- 
tion upon  a  lode  mining  claim,  the  locator  shall  record  a  true  copy 
thereof  in  the  office  of  the  county  recorder  of  the  couniy  in  which  such 
claim  is  situated,  for  which  service  the  county  recorder  shall  receive  a 
fee  of  one  dollar. 

§  1426c.  The  location  of  a  placer  claim  shall  be  made  in  the  follow- 
ing manner:  By  posting  thereon,  upon  a  tree,  rock  in  place,  stone, 
post  or  monument,  a  notice  of  location,  containing  the  name  of  the 
claim,  name  of  locator  or  locators,  date  of  location,  number  of  feet  or 
acreage  claimed,  such  a  description  of  the  claim  by  reference  to  some 
natural  object  or  permanent  monument  as  will  identify  the  claim 
located,  and  by  marking  the  boundaries  so  that  they  may  be  readily 
traced;  provided,  that  where  the  United  States  survey  has  been 
extended  over  the  land  embraced  in  the  location,  the  claim  may  be 
taken  by  legal  subdivisions  and  no  other  reference  than  those  of  said 
survey  shall  be  required  and  the  boundaries  of  a  claim  so  located  and 
described  need  not  be  staked  or  monumented.  The  description  by 
legal  subdivisions  shall  be  deemed  the  equivalent  of  marking. 

§  1426d.  Within  thirty  days  after  the  posting  of  the  notice  of  loca 
tion  of  a  placer  claim,  the  locator  shall  record  a  true  copy  thereof  in 
the  office  of  the  county  recorder  of  the  county  in  which  such  claim  i> 
situated,  for  which  service  the  recorder  shall  receive  a  fee  of  one  dollar 

§  14266.  The  locator  of  a  tunnel  right  or  location,  shall  loi^ate  hi^ 
tunnel  right  or  location  by  posting  a  notice  of  location  at  the  facc^  oi 
point  of  commencement  of  the  tunnel,  which  must  contain: 

Fir$t — The  name  of  the  locator  or  locators. 

Second — The  date  of  the  location. 

Third — The  proposed  course  or  direction  of  the  tunnel. 

Fotdrlh — A  description  of  the  tunnel,  with  reference  to  some  natura 
object  or  permanent  monument  as  shall  identify  the  claim  or  tunne 
right. 


MINING    LAWS.  43 

§  1426/.  The  boundary  lines  of  the  tunnel  shall  be  established  by 
stakes  or  monuments  placed  along  the  lines  at  an  interval  of  not  more 
than  six  hundred  feet  from  the  face  or  point  of  commencement  of  the 
tunnel  to  the  terminus  of  three  thousand  feet  therefrom. 

§  1426^.  Within  thirty  days  after  the  posting  the  notice  of  location 
of  the  tunnel  right  or  location,  the  locator  shall  record  a  true  copy 
thereof,  in  the  office  of  the  county  recorder  of  the  county  in  which  such 
claim  is  situated,  for  which  service  the  recorder  shall  receive  a  fee  of 
one  dollar. 

§  1426/^  If  at  any  time  the  locator  of  any  mining  claim  heretofore 
or  hereafter  located,  or  his  assigns,  shall  apprehend  that  his  original 
location  notice  was  defective,  erroneous,  or  that  the  requirements  of 
the  law  had  not  been  complied  with  before  filing ;  or  in  case  the  original 
notice  was  made  prior  to  the  passage  of  this  act,  and  he  shall  be  desirous 
of  securing  the  benefit  of  this  act,  such  locator,  or  his  assigns,  may  file 
an  additional  notice,  subject  to  the  provisions  of  this  act;  provided, 
that  such  amended  location  notice  does  not  interfere  with  the  existing 
rights  of  others  at  the  time  of  posting  and  filing  such  amended  location 
notice,  and  no  such  amended  location  notice  or  the  record  thereof,  shall 
preclude  the  claimant,  or  claimants  from  proving  any  such  title  as  he 
ov  they  may  have  held  under  previous  locations. 

§  14262.  Where  a  locator,  or  his  assigns,  has  the  boundaries  and 
corners  of  his  claim  established  by  a  United  States  deputy  mineral 
survey,  or  a  licensed  surveyor  of  this  state,  and  his  claim  connected 
with  the  corner  of  the  public  or  minor  surveys  of  an  established  initial 
point,  and  incorporates  into  the  record  of  the  claim,  the  field  notes  of 
such  survey,  and  attaches  to  and  files  with  such  location  notice  a  cer- 
tificate of  the  surveyor,  setting  forth:  first,  that  said  survey  was  actu- 
ally made  by  him,  giving  the  date  thereof;  second,  the  name  of  the 
claim  surveyed  and  the  location  thereof;  third,  that  the  description 
incorporated  in  the  declaratory  statement  is  sufficient  to  identify ;  such 
survey  and  certificate  becomes  a  part  of  the  record,  and  such  record 
'  is  prima  facie  evidence  of  the  facts  therein  contained. 

§  1426.7.  The  proprietor  of  a  vein  or  lode  claim  or  mine,  or  the 
:  owTier  of  a  quartz  mill  or  reduction  works,  or  any  person  qualified  by 
\  the  laws  of  the  United  States,  may  locate  not  more  than  five  acres  of 
I  non-mineral  land  as  a  mill  site.  Such  location  shall  be  made  in  the 
[  same  manner  as  hereinbefore  required  for  locating  placer  claims. 

§  1426A\  The  locator  of  a  mill  site  claim  or  location  shall,  within 
thirty  days  from  the  date  of  his  location,  record  a  true  copy  of  his 
location  notice  with  the  county  recorder  of  the  county  in  which  such 
location  is  situated,  for  which  service  the  recorder  shall  receive  a  fee 
nf  one  dollar. 

§  14267.  The  amount  of  work  done  or  improvements  made  during 
each  year  to  hold  possession  of  a  mining  claim  shall  be  that  prescribed 
by  the  laws  of  the  United  States,  to  wit :  One  hundred  dollars  annually. 

§  1426m.  Whenever  [a]  mine  owner,  company,  or  corporation  shall 
have  performed  the  labor  and  made  the  improvements  required  by  law 
upon  any  mining  claim,  the  person  in  whose  behalf  such  labor  was  per- 
formed or  improvements  made,  or  some  one  in  his  behalf,  shall  within 
thirty  days  after  the  time  limited  for  performing  such  labor  or  making 
such  improvements  make  and  have  recorded  by  the  county  recorder,  in 

Kks  kept  for  that  purpose,  in  the  county  in  which  such  mining  claim 


44  CALIFORNIA    STATE    MIXING    BUREAU. 

is  situated,  an  affidavit  setting  forth  the  value  of  labor  or  improvements 
made,  the  name  of  the  claim,  and  the  name  of  the  owner  or  claimant 
of  said  claim  at  whose  expense  the  same  was  made  or  performed.  Such 
affidavit,  or  a  copy  thereof,  duly  certified  by  the  county  recorder,  shall 
be  prima  facie  evidence  of  the  performance  of  such  labor  or  the  making 
of  such  improvements,  or  both. 

§  142672.  For  recording  the  affidavit  herein  required,  the  county 
recorder  shall  receive  a  fee  of  fifty  cents. 

§  1426o.  Whenever  a  co-owner  or  co-owners  of  a  mining  claim  shall 
give  to  a  delinquent  co-owner  or  co-owners  the  notice  in  writing  or 
notice  by  publication  provided  for  in  section  2324,  Revised  Statutes  of 
the  United  States,  an  affidavit  of  the  person  giving  such  notice,  stating 
the  time,  place,  manner  of  service,  and  by  whom  and  upon  whom  such 
service  was  made,  shall  be  attached  to  a  true  copy  of  such  notice,  and 
such  notice  and  affidavit  must  be  recorded  in  the  office  of  the  county 
recorder,  in  books  kept  for  that  purpose,  in  the  county  in  which  the 
claim  is  situated,  within  ninety  days,  after  the  giving  of  such  notice; 
for  the  recording  of  which  said  recorder  shall  receive  the  same  fees  as 
are  now  allowed  by  law  for  recording  deeds ;  or  if  such  notice  is  given 
by  publication  in  a  newspaper,  there  shall  be  attached  to  a  printed  copy 
of  such  notice  an  affidavit  of  the  printer  or  his  foreman,  or  principal 
clerk  of  such  paper,  stating  the  date  of  the  first,  last  and  each  insertion 
of  such  notice  therein,  and  where  the  newspaper  was  published  during 
that  time,  and  the  name  of  such  newspaper.  Such  affidavit  and  notice 
shall  be  recorded  as  aforesaid,  within  one  hundred  and  eiglitv  days 
after  the  first  publication  thereof.  The  original  of  such  notice  and 
affidavit,  or  a  duly  certified  copy  of  the  record  thereof,  shall  be  prima 
facie  evidence  that  the  delinquent  mentioned  in  section  2324  has  failed 
or  refused  to  contribute  his  proportion  of  the  expenditure  required  by 
that  section,  and  of  the  service  of  publication  of  said  notice;  provided, 
the  writing  or  affidavit  hereinafter  provided  for  is  not  of  record.  If 
such  delinquent  shall,  within  the  ninety  days  required  by  section  2324, 
aforesaid,  contribute  to  his  co-owner  or  co-owners,  his  proportion  of 
such  expenditures,  and  also  all  costs  of  service  of  the  notice  required  by 
this  section,  whether  incurred  for  publication  charges,  or  otherwise,  such 
co-owner  or  co-owners  shall  sign  and  deliver  to  the  delinquent  or 
delinquents  a  writing,  stating  that  the  delinquent  or  delinquents  by 
name  has  within  the  time  required  by  section  2324  aforesaid,  contributed 

his  share  for  the  year ,  upon  the mine,  and 

further  stating  therein  the  district,  county  and  state  wherein  the  same 
is  situated,  and  the  book  and  page  where  the  location  notice  is  recorded, 
if  said  mine  was  located  under  the  provisions  of  this  act ;  such  writing 
shall  be  recorded  in  the  office  of  the  county  recorder  of  said  county,  for 
which  he  shall  receive  the  same  fees  as  are  now  allowed  by  law  for 
recording  deeds.  If  such  co-owner  or  co-owners  shall  fail  to  sign  and 
deliver  such  writing  to  the  delinquent  or  delinquents  within  twenty 
days  after  such  contribution,  the  co-owner  or  co-owners  so  failing  as 
aforesaid  shall  be  liable  to  the  penalty  of  one  hundred  dollars,  to  be 
recovered  by  any  person  for  the  use  of  the  delinquent  or  delinquents 
in  any  courl  of  competent  jurisdiction.  If  such  co-owner  or  co-owners 
fail  to  deliver  such  writing  within  said  twenty  days,  the  delinquent, 
with  two  disinterested  persons  having  personal  knowledge  of  sucli 
contribution,  may  make  affidavit  setting  forth  in  what  manner,  the 


MINING    LAWS. 


45 


lount  of,  to  whom,  and  upon  what  mine,  such  contribution  was 
lade.  Such  affidavit,  or  a  record  thereof,  in  the  office  of  the  county 
jcorder  of  the  county  in  which  such  mine  is  situated,  shall  be  prima 
icie  evidence  of  such  contribution. 

§  1426p.  The  record  of  any  location  of  a  mining  claim,  mill  site  or 
mnel  right,  in  the  office  of  the  county  recorder,  as  herein  provided 

l11  be  received  in  evidence,  and  have  the  same  force  and  effect  in  the 
mrts  of  the  state  as  the  original  notice. 

§  1426^/.  Copies  of  the  records  of  all  instruments  required  to  be 
jcorded  by  the  provisions  of  this  act,  duly  certified  by  the  recorder,  in 
^hose  custody  such  records  are,  may  be  read  in  evidence,  under  the 
ime  circumstances  and  rules  as  are  now,  or  may  be  hereafter  pro- 
ided  by  law,  for  using  copies  of  instruments  relating  to  real  estate, 

ily  executed  or  acknowledged  or  proved  and  recorded. 

§  1426r.  The  provisions  of  T:his  act  shall  not  in  any  manner  l)e  coii- 
irued  as  affecting  or  abolishing  any  mining  district  or  the  rules  and 
jgulations  thereof  within  the  State  of  California. 

§  1426,9.  The  failure  or  neglect  of  any  locator  of  a  mining  claim  to 
jrform  development  work  of  the  character,  in  the  manner  and  within 
le  time  required  by  the  laws  of  the  United  States,  shall  disqualify 
ich  locators  from  relocating  the  ground  embraced  in  the  original 
)cation  or  mining  claim  or  any  part  thereof  under  the  mining  laws, 
rithin  three  years  after  the  date  of  his  original  location  and  any 
ttempted  relocation  thereof  by  any  of  the  original  locators  shall  render 
ich  location  void. 

Sec.  2.  All  acts  and  parts  of  acts  in  conflict  with  this  act,  are 
jreby  repealed. 

Sec.  3.  This  act  shall  take  effect  and  be  in  force  on  and  after 
Inly  1,  1909. 


REGULATIONS  PROVIDED  FOR  CONTROL  OF  EXPLOSIVES. 

^n  act  relating  to  explosives  and  prescribing  regulations  for  the  transportation, 
storage  and  selling  of  explosives,  and  providing  penalties  for  the  violation 
of  this  act. 

[Approved  March   20,   1911.] 

Vie  people   of   the   State   of   California,   represented  in   senate   and 
assembly,  do  enact  as  follows: 

Section  1.  The  term  ''explosive"  or  '' explosives ' '  whenever  used 
this  act,  shall  include  gunpowder,  blasting  powder,  dynamite,  gun- 
)ttoD,  nitroglycerine  or  any  compound  thereof,  fulminate,  and  every 
[plosive  substance  having  an  explosive  power  equal  to  or  greater 
lan  black  blasting  powder,  and  any  substance  intended  to  be  used  by 
[ploding  or  igniting  the  same  to  produce  a  force  to  propel  missiles, 
rend  apart  substances,  but  does  not  include  said  substances,  or  any 
them,  in  the  form  of  fixed  ammunition  for  small  arms.  The  term 
J* person"  whenever  used  herein  shall  be  held  to  include  corporations 
well  as  natural  persons;  words  used  in  the  singular  number  to 
iclude  the  plural  and  the  plural  the  singular.  The  words  ''explosive 
lanufacturing  plant"  shall  be  understood  to  include  all  the  land  used 
connection  with  the  manufacture  and  storage  of  explosives  thereat. 
Sec.  2.  Except  only  at  an  explosive  manufacturing  plant,  no  person 
lall  have,  keep  or  store,  at  any  place  within  the  state,  any  explosives, 


46  CALIFORNIA   STATE    MINING   BUREAU. 

unless  such  explosives  are  completely  enclosed  and  encased  in  tight 
metal,  wooden  or  fibre  containers,  and,  except  while  being  transported, 
or  within  the  custody  of  a  common  carrier  pending  delivery  to  con- 
signee, shall  be  kept  and  stored  in  a  magazine  constructed  and  operated 
as  liereinafter  described,  and  no  person  having  in  his  possession  or 
control,  any  explosives,  shall  under  any  circumstances  permit  or  allow 
any  grains  or  particles  thereof  to  be  or  remain  on  the  outside  or  about 
the  containers,  in  which  such  explosives  are  contained. 

Sec.  3.  Magazines  in  which  explosives  may  lawfully  be  stored  or 
kept  shall  be  two  classes,  as  follows : 

(a)  Magazines  of  the  first  class  shall  consist  of  those  containing 
explosives  exceeding  fifty  pounds,  and  shall  be  constructed  whollv  of 
brick,  wood  covered  with  iron,  or  other  fireproof  material,  and  must 
be  fireproof,  and,  except  magazines  wher^  gunpowder  or  black  blasting 
powder  only  is  stored,  must  be  bullet  proof,  and  shall  have  no  openings 
except  for  ventilation  and  entrance.  The  doors  of  such  magazine  must 
be  fireproof  and  bullet  proof,  and  at  all  times  kept  closed  and  locked, 
except  when  necessarily  opened  for  the  purpose  of  storing  or  removing 
explosives  therein  or  therefrom,  by  persons  lawfully  entitled  to  enter 
the  same.  Every  such  magazine  shall  have  sufficient  openings  for 
ventilation  thereof,  which  must  be  screened  in  such  manner  as  to  prevent 
the  entrance  of  sparks  or  fire  through  the  same.  Upon  each  side  of 
such  magazine  there  shall  at  all  times  be  kept  conspicuously  posted  a 
sign,  with  the  words,  ''Magazine,'*  "Explosives,"  "Dangerous"  leg- 
ibly printed  thereon  in  letters  not  less  than  six  inches  high.  No  matches, 
fire  or  lighting  device  of  any  kind,  shall  at  any  time  be  permitted  in 
any  such  magazine.  No  package  of  explosives  shall  at  any  time  be 
opened  in  any  magazine,  nor  shall  any  open  package  of  explosives  be 
kept  therein.  No  blasting  caps,  or  other  detonating  or  fulminating 
caps,  or  detonators,  or  electric  fuzees,  shall  be  kept  or  stored  in  any 
magazine  in  which  explosives  are  kept  or  stored,  but  such  caps,  detona- 
tors or  fuzees  may  be  kept  or  stored  in  a  magazine  constructed  as  above 
provided  which  must  be  located  at  least  one  hundred  feet  from  any 
magazine  in  which  explosives  are  kept  or  stored.  Magazines  in  whicl^ 
explosives  are  kept  or  stored  must  be  detached,  and  must  be  located  a1 
least  one  hundred  feet  from  any  other  structure. 

(h)  Magazines  of  the  second  class  shall  consist  of  a  stout  wooden 
box,  covered  with  sheet  iron,  and  not  more  than  fifty  pounds  o| 
explosives  shall  at  any  time  be  kept  or  stored  therein,  and,  except  when 
necessarily  opened  for  use  by  authorized  persons,  shall  at  all  times  be 
kept  securely  locked.  Upon  each  such  magazine  there  shall  at  all  time 
be  kept  conspicuously  posted  a  sign  with  the  words,  "Magazine,*' 
"Explosives,"  "Dangerous"  legibly  printed  thereon. 

Nothing  in  this  section  contained  shall  be  held  to  prohibit  the  keeping 
or  storing  of  explosives, in  any  tunnel,  where  no  person  or  persons  are^ 
employed;  provided,  always,  that  any  tunnel  so  used  for  the  storage 
of  explosives  shall  have  fireproof  doors,  which  must  at  all  times  hi 
kept  closed  and  locked,  except  when  necessarily  opened  for  the  purpos 
of  storing  or  removing  explosives  therein  or  therefrom,  by  persoi 
lawfully  entitled  to  enter  the  same.     The  door  of  such  tunnel  magazine 
shall  at  all  times  have  legibly  printed  thereon  the  words,  "Magazine/'" 
"Explosives,"  "Dangerous." 


MINING   LAWS.  47 

Sec.  4.  Any  person  violating  or  failing  to  comply  with  any  of  the 
provisions  of  sections  two  and  three  of  this  act,  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof,  shall  be  punished  by  a  fine 
of  not  less  than  twenty-five  dollars,  and  not  more  than  one  thousand 
dollars,  or  by  imprisonment  not  exceeding  six  months,  or  by  both  such 
fine  and  imprisonment. 

Sec.  5.  It  shall  be  unlawful  to  transport,  carry  or  convey,  any 
explosives  between  any  places  within  this  state,  on  any  vessel,  car  or 
i  other  vehicle  of  any  description,  operated  by  common  carrier,  which 
vessel,  car  or  vehicle  is  carrying  passengers  for  hire;  provided,  that  it 
shall  be  lawful  to  transport  on  any  such  vessel,  car  or  vehicle,  small 
arms  ammunition  in  any  quantity,  and  such  fuses,  torpedoes,  rockets 
or  other  signal'  devices,  as  may  be  essential  to  promote  safety  in  opera- 
tion, and  properly  packed  and  marked  samples  for  laboratory  exam- 
ination, not  exceeding  a  net  weight  of  one  half  pound  each,  and  not 
exceeding  twenty  samples  at  one  time,  in  a  single  vessel,  car  or  vehicle, 
but  such  samples  shall  not  be  carried  in  that  part  of  the  vessel,  car  or 
vehicle,  which  is  intended  for  the  transportation  of  passengers  for 
hire;  provided,  further,  that  nothing  in  this  section  shall  be  construed 
to  prevent  the  transportation  of  military  or  naval  forces  with  their 
accompanying  munitions  of  war  on  passenger  equipment  vessels,  cars 
or  vehicles ;  provided,  further,  that  the  transportation  of  explosives  on 
any  freight  train  in  this  state  that  carries  passengers  for  hire  in  a  car 
or  caboose  attached  to  the  rear  of  such  train,  shall  not  be  held  or  con- 
strued to  violate  the  provisions  of  this  act. 

Sec.  6.  The  railroad  commission  of  this  state  is  hereby  empowered 
to  make,  publish  and  promulgate  such  regulations  as  are  not  in  conflict 
with  this  act  and  as  in  the  judgment  of  said  commission  may  tend  to 
the  safe  packing,  loading,  storage  and  transportation  of  the  explosives 
defined  by  section  one  of  this  act. 

Sec.  7.  It  shall  be  unlawful  to  transport,  carry  or  convey  liquid 
nitroglycerine,  fulminate  in  bulk,  in  dry  condition,  or  other  like  explos- 
ive between  any  places  within  this  state,  on  any  vessel,  car  or  vehicle 
of  any  description,  operated  by  common  carrier  in  the  transportation 
of  passengers,  or  articles  of  commerce  by  land  or  water. 

Sec.  8.  Every  package  containing  explosives  or  other  dangerous 
articles  when  presented  to  a  common  carrier  for  shipment  shall  have 
plainly  marked  on  the  outside  thereof,  the  contents  thereon,  and  it 
shall  be  unlawful  for  any  person  to  deliver  for  transportation  to  any 
common  carrier  engaged  in  commerce  by  land  or  water,  or.  to  cause 
to  be  delivered  or  to  carry  any  explosive  or  other  dangerous  article, 
under  any  false  or  deceptive  marking,  description,  invoice,  shipping 
order  or  other  declaration,  or  without  informing  the  agent  of  such 
carrier  of  the  true  character  thereof,  at,  or  before  the  time  of  such 
delivery  or  carriage  is  made. 

Sec.  9.  Any  person  who  wilfully  violates  or  causes  to  be  violated 
any  of  the  foregoing  provisions  of  sections  5,  6,  7  and  8,  of  this  act, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  be  punished  for  each  offense  by  fine  not  exceeding  two  thousand 
dollars,  or  by  imprisonment  not  exceeding  eighteen  months,  or  by  both 
such  fine  and  imprisonment  in  the  discretion  of  the  court. 
I  Sec.  10.  Every  person  selling,  giving  away,  or  delivering  explosives 
within  this  state,  shall  keep  at  all  times  an  accurate  journal  or  book 


48  CALIFORNIA    STATE    MINING    BUREAU. 

of  record,  in  which  must  be  entered  from  time  to  time,  as  it  is  made, 
each  and  every  sale,  delivery,  gift,  or  other  disposition  made  by  such 
person  in  the  course  of  business,  or  otherwise,  of  any  quantity  of  such 
explosive  substance.  Such  journal  or  record  book  must  show  in  a 
legible  handwriting,  to  be  entered  therein  at  the  time,  a  complete 
history  of  each  transaction,  stating  name  and  quantity  of  explosives 
sold,  delivered,  given  away,  or  otherwise  disposed  of;  name,  place  of 
residence,  and  business  of  the  purchaser  or  transferee,  name  of  indi- 
\ddual  to  whom  delivered,  with  his  or  her  address.  Such  journal  or 
record  book  must  be  kept  by  the  person  so  selling,  delivering  or  other- 
wise disposing  of  such  explosives,  in  his  or  their  principal  office  or 
place  of  business,  at  all  times  subject  to  the  inspection  and  examination 
of  the  police  authorities  of  the  state,  county  or  municipality  where  same 
is  situated,  on  proper  demand  therefor.  In  addition  to  keeping  the 
record  above  provided,  it  shall  be  unlawful  for  any  person  to  sell,  give 
away  or  deliver  any  explosives  within  this  state,  without  taking  from  the 
person  to  whom  such  explosives  are  sold,  given  aw^iy  or  delivered  within 
this  state,  a  statement  in  writing,  showing  the  name  and  the  address 
of  the  person  to  w^hom  such  explosives  are  sold,  given  away  or  delivered, 
and  the  place  where  and  the  purpose  for  which  such  explosives  are 
intended  for  use,  which  statement  shall  be  signed  by  the  person  to 
whom  such  explosives  are  sold,  given  away  or  delivered,  or  his  agent, 
and  be  witnessed  by  two  witnesses,  known  to  the  person  selling,  giving 
away  or  delivering  such  explosives,  to  be  residents  of  the  county  where 
such  explosives,  as  shown  by  such  statement,  are  intended  for  use,  who 
shall  certify  that  the  person  to  whom  such  explosives  are  to  be  sold, 
given  away  or  delivered  is  personally  know^n  to  each  of  said  witnesses, 
and  that  to  the  best  of  his  knowledge  and  belief,  the  explosives  are 
required  by  such  person  for  the  uses  and  purposes  set  forth  in  the 
statement,  which  said  statement  shall  at  all  times  be  kept  on  file  in  the 
principal  office  or  place  of  business  of  the  person  so  selling,  giving 
away  or  delivering  such  explosives,  subject  to  the  inspection  of  the 
police  authorities  of  the  state,  county  or  municipality  where  the  same  j 
is  situated,  on  proper  demand  made  therefor;  provided,  that  nothing  i 
in  this  section  shall  be  held  to  apply  to  the  delivery  of  explosives  to 
any  person  or  carrier  for  the  purpose  of  being  transported  from  a 
place  within  this  state  to  any  other  place  within  this  state;  and  pro- 
vided, further,  that  nothing  in  this  section  contained  shall  apply  to 
interstate  commerce. 

Every  person  selling,  giving  away  or  delivering  any  explosives  with- 
out complying  with  all  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined  not  less  j 
than  one  hundred  dollars,  and  not  more  than  two  thousand  dollars,  or  i 
F)y  imprisonment  of  not  less  than  six  months,  or  by  both  such  fine  and 
imprisonment  in  the  discretion  of  the  court. 

In  addition  to  such  imprisonment  and  as  cumulative  penalty  such 
person  so  offending  shall  forfeit  for  each  offense,  the  sum  of  two  hundred 
and  fifty  dollars,  to  be  recovered  in  any  court  of  competent  jurisdiction, 
and  the  party  instituting  the  action  for  such  forfeiture  shall  not  be 
entitled  to  dismiss  same,  without  the  consent  of  the  court  before  which 
the  suit  has  been  instituted ;  nor  shall  any  judgment  recovered  be  set 
aside,  satisfied  or  discharged  save  by  order  of  such  court,  after  full 


MINING   LAWS.  49 

lyment  into  court,  and  all  moneys  so  collected  must  be  paid  to  the 
:y  bringing  suit. 

Iec.  11.     No  explosives  in  excess  of  an  amount  sufficient  for  one 
ly's  operations  shall  be  taken  into  any  mine  or  underground  workings 
in  this  state,  and  any  person  violating  any  of  the  provisions  of  this  sec- 
tion shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  shall  be  fined  in  an  amount  not  exceeding  five  hundred  dollars. 
Sec.  12.     No  person,  except  a  peace  officer  or  a  person  authorized 
so  to  do  by  the  o^^^ler  thereof,  or  his  agent,  shall  enter  any  explosive 
manufacturing  plant,  magazine  or  car  containing  explosives  in  this 
i   state,  and  any  person  violating  any  of  the  provisions  of  this  section 
I  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  be  fined  in  an  amount  not  exceeding  one  thousand  dollars  or  by 
i  imprisonment  not  exceeding  three  months,  or  by  both  such  fine  and 
imprisonment. 

Sec.  13.  No  person  shall  discharge  any  firearms  within  five  hundred 
I  feet  of  any  magazine  or  of  any  explosive  manufacturing  plant,  and 
j  any  person  wilfully  violating  any  of  the  provisions  of  this  section 
I  shall  be  deemed  guilty  of  a  misdemeanor  and  fined  not  exceeding  one 
•  thousand  dollars,  or  by  imprisonment  not  exceeding  one  year,  or  by 
both  such  fine  and  imprisonment. 

Sec.  14.  No  person  shall  wilfully  carry  any  explosive  on  his  person 
within  this  state  in  any  car,  vessel  or  vehicle  that  carries  passengers 
for  hire,  or  place  or  carry  any  explosive  while  on  board  any  such  car, 
vessel  or  vehicle,  in  any  hand  baggage,  roll  or  container,  or  place  any 
explosive  in  any  baggage  thereafter  checked  with  any  common  carrier 
and  any  person  violating  any  of  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  felony  and  upon  conviction  thereof  shall  be  punished 
by  imprisonment  in  the  penitentiary  not  exceeding  two  years. 

Sec.  15.  Nothing  in  this  act  contained  shall  prevent  the  operation 
of,  or  modify,  alter,  set  aside  or  supersede  the  provisions  of  any  munic- 
ipal ordinance  respecting  the  delivery,  storing  and  handling  of  explo- 
sives. 

Sec.  16.  Nothing  in  this  act  contained  shall  regulate  or  apply  to  any 
shipment  of  explosives  from  a  point  within  this  state,  consigned  to  a 
point  without  this  state,  over  a  line  or  lines  of  one  or  more  common 
carriers. 

REGULATION  OF  HOURS  OF  EMPLOYMENT. 

An  act  regulating  the  hours  of  employment  in  underground  mines,  underground 
workings,  whether  for  the  purpose  of  tunneling,  making  excavations,  or  to 
accomplish  any  other  purpose  or  design,  or  in  smelting  and  reduction  works. 

[Approved  May  30,  1913.] 

The  people  of  the  State  of  California  do  enact  as  follows: 

Section  1.  That  the  period  of  employment  for  all  persons  who  are 
employed  or  engaged  in  work  in  underground  mines  in  search  of 
minerals,  whether  base  or  precious,  or  who  are  engaged  in  such  under- 
ground mines  for  other  purposes,  or  who  are  employed  or  engaged  in 
any  other  underground  workings  whether  for  the  purpose  of  tunnel- 
ing, making  excavations  or  to  accomplish  any  other  purpose  or  design, 
or  who  are  employed  in  smelters  and  other  institutions  for  the  reduc- 
tion or  refining  of  ores  or  metals,  shall  not  exceed  eight  hours  within 


50  CALIFORNIA   STATE   MINING   BUREAU. 

any  twenty-four  hours,  and  the  hours  of  employment  in  such  employ- 
ment or  work  day  shall  be  consecutive,  excluding,  however,  any  inter- 
mission of  time  for  lunch  or  meals ;  provided,  that  in  case  of  emergency 
w^here  life  or  property  is  in  imminent  danger,  the  period  may  be  a 
longer  time  during  the  continuance  of  the  exigency  or  emergency. 

Sec.  2.  Any  person  who  shall  violate  any  provision  of  this  act,  and 
any  person  who  as  foreman,  manager,  director  or  officer  of  a  corpora- 
tion, or  as  the  employer  or  superior  officer  of  any  person,  shall  com- 
mand, persuade  or  allow  any  person  to  violate  any  provision  of  this 
act,  shall  be  guilty  of  a  misdemeanor  and  upon  conviction  shall  be 
punished  by  a  fine  of  not  less  than  fifty  dollars  ($50.00)  nor  more 
than  three  hundred  dollars  ($300.00)  or  by  imprisonment  of  not  more 
than  three  months.  And  the  court  shall  have  discretion  to  impose  both 
fine  and  imprisonment  as  herein  provided. 

Sec.  3.  All  acts  and  parts  of  acts  inconsistent  with  this  act  are 
hereby  repealed. 


PROVIDING  FOR  MINE  EXITS. 

An   act   requiring   compensation  for   causing    dsath    by  wrongful   act,   neglect   or 

default. 

[Approved  April  26,  1862.] 

Section  1.  It  shall  not  be  lawful  for  any  corporation,  association, 
owner,  or  owners  of  any  quartz  mining  claim  within  the  State  of  Cali- 
fornia, where  such  corporation,  association,  owner  or  owners  employ 
twelve  men  daily,  to  sink  down  into  such  mine  or  mines  any  perpendicu- 
lar shaft  or  incline  beyond  a  depth  from  the  surface  of  three  hundred 
feet  without  providing  a  second  mode  of  egress  from  such  mine,  by 
shaft  or  tunnel,  to  connect  with  the  main  shaft  at  a  depth  of  not  less 
than  one  hundred  feet  from  the  surface. 

Sec.  2.  It  shall  be  the  duty  of  each  corporation,  association,  owner 
or  owners  of  any  quartz  mine  or  mines  in  this  state,  where  it  becomes 
necessary  to  work  such  mines  beyond  the  depth  of  three  hundred  feet, 
and  where  the  number  of  men  employed  therein  daily  shall  be  twelve 
or  more,  to  proceed  to  sink  another  shaft  or  construct  a  tunnel  so  as  to 
connect  with  the  main  working  shaft  of  such  mine  as  a  mode  of  escape 
from  underground  accident,  or  otherwise.  And  all  corporations,  as- 
sociations, owner  or  owners  of  mines,  as  aforesaid,  working  at  a  greater 
depth  than  three  hundred  feet,  not  having  any  other  mode  of  egress 
than  from  the  main  shaft,  shall  proceed  as  herein  provided. 

Sec.  3.  "When  any  corporation,  association,  owner  or  owners  of  any 
quartz  mine  in  this  state  shall  fail  to  provide  for  the  proper  egress,  as 
herein  contemplated,  and  where  any  accident  shall  occur,  or  any  miner 
working  therein  shall  be  hurt  or  injured,  and  from  such  injury  might 
have  escaped  if  the  second  mode  of  egress  had  existed,  such  corpora- 
tion, association,  owner  or  owners  of  the  mine  where  the  injuries  shall 
have  occurred  shall  be  liable  to  the  person  injured  in  all  damages  that 
may  accrue  by  reason  thereof ;  and  an  action  at  law  in  a  court  of  compe- 
tent jurisdiction  may  be  maintained  against  the  owner  or  owners  of 
such  mine,  which  owners  shall  be  jointly  or  severally  liable  for  such 
damages.  And  where  death  shall  ensue  from  injuries  received  from 
any  negligence  on  the  part  of  the  owners  thereof,  by  reason  of  their 


MINING   LAWS.  51 

failure  to  comply  with  any  of  the  provisions  of  this  act,  the  heirs  or 
relatives  surviving  the  deceased  may  commence  an  action  for  tlic  rocov» 
(^ry  of  such  damages. 

Sec.  4.     This  act  shall  take  effect  and  be  in  force  six  months  from 
and  after  its  passage. 


TELEPHONE  SYSTEM  IN  MINES. 

An  act  providing  for  the  establishment  and  maintenance  of  a  telephone  system 

in  mines  and  prescribing  a  penalty  for  the  violation  thereof. 

[Approved  June  13,   1913.] 

The  people  of  the  State  of  California  do  enact  as  follows: 

Section  1.  In  all  mines  operated  and  worked  in  this  state  where  a 
depth  of  more  than  five  hundred  feet  underground  has  been  reached 
a  telephone  system  must  be  established,  equipped  and  maintained  by 
the  owners  or  lessees  thereof  with  stations  at  each  working  level  below 
the  depth  aforesaid,  communicating  with  a  station  thereof  on  the 
surface  of  any  such  mine. 

Sec.  2.  The  failure  or  refusal  of  any  owner  or  lessee  to  install  or 
maintain  such  telephone  system  shall  be  deemed  guilty  of  misdemeanor 
and  punished  accordingly. 


FENCING  ABANDONED  SHAFTS. 

An  act  to  provide  for  the  covering  or  fencing  of  abandoned  mining  shafts,  pits 
or  excavations,  the  penalty,  and  also  the  penalty  for  removing  or  destroying 
the  covering  or  fencing  from  same. 

[Approved  March  20,  1903.] 

The  people   of  the  State   of   California,  represented  i^   senate   and 
assembly,  do  enact  as  follows: 

Section  1.  All  abandoned  mining  shafts,  pits  or  other  abandoned 
excavations  dangerous  to  passers-by  or  live  stock  shall  be  securely 
covered  or  fenced,  and  kept  so,  by  the  owners  of  the  land  or  persons 
in  charge  of  the  same,  on  which  such  shafts,  pits  or  other  excavations 
are  located.  Any  person  or  persons  failing  to  comply  with  the  pro- 
visions of  this  section  shall  be  deemed  guilty  of  a  misdemeanor. 

Sec.  2.  All  abandoned  mining  shafts,  pits  or  other  excavations 
situated  on  unoccupied  public  lands  may  be  securely  covered  or  fenced 
by  order  of  the  board  of  supervisors  of  the  county  wherein  the  same 
is  situated,  and  it  shall  be  the  duty  of  the  board  of  supervisors  to  keep 
the  same  securely  fenced  or  covered  whenever  it  appears  to  them,  by 
proof  submitted,  that  the  same  is  dangerous  or  unsafe  to  man  or  beast. 
The  cost  of  said  covering  or  fencing  to  be  a  county  charge. 

Sec.  3.  Any  person  or  persons  maliciously  removing  or  destroying 
any  covering  or  fencing  placed  around  or  over  any  shaft,  pit  or  other 
excavation,  as  hereinbefore  provided,  shall  be  deemed  guilty  of  a  mis- 
demeanor. 

Sec.  4.     This  act  shall  take  effect  six  months  from  the  day  of  passage. 


52  .CALIFORNIA    STATE    MINING    BURIJAU. 

MINE  REGULATIONS— COAL  MINES. 

[Stats.  1873-74,  page  726.] 

Section  1.  The  owner  or  agent  of  every  coal  mine  shall  make  or 
cause  to  be  made  an  accurate  map  or  plan  of  the  workings  of  such  coal 
mine,  on  a  scale  of  one  hundred  feet  to  the  inch. 

Sec.  2.  A  true  copy  of  which  map  or  plan  shall  be  kept  at  the  office 
of  the  owner  or  owners  of  the  mine,  open  to  the  inspection  of  all  persons, 
and  one  copy  of  such  map  or  plan  shall  be  kept  at  the  mines  by  the 
agent  or  other  person  having  charge  of  the  mines,  open  to  the  inspection 
of  the  workmen. 

Sec.  3.  The  owner  or  agent  of  every  coal  mine  shall  provide  at 
least  two  shafts  or  slopes,  or  outlets,  separated  by  natural  strata  of  not 
less  than  one  hundred  and  fifty  feet  in  breadth,  by  which  shafts,  slopes, 
or  outlets  distinct  means  of  ingress  and  egress  are  always  available  to 
the  persons  employed  in  the  coal  mine ;  provided,  that  if  a  new  tunnel, 
slope  or  shaft  will  be  required  for  the  additional  opening,  work  upon 
the  same  shall  commence  immediately  after  the  passage  of  this  act,  and 
continue  until  its  final  completion,  with  reasonable  dispatch. 

Sec.  4.  The  owner  or  agent  of  every  coal  mine  shall  provide  and 
establish  for  every  such  mine  an  adequate  amount  of  ventilation,  of  not 
less  than  fifty-five  cubic  feet  per  second  of  pure  air,  or  thirty-three 
hundred  feet  per  minute,  for  every  fifty  men  at  work  in  such  mine,  and 
as  much  more  as  circumstances  may  require,  which  shall  be  circulated 
through  to  the  face  of  each  and  every  working  place  throughout  the 
entire  mine,  to  dilute  and  render,  harmless  and  expel  therefrom  the 
noxious,  poisonous  gases,  to  such  an  extent  that  the  entire  mine  shall 
be  in  a  fit  state  for  men  to  work  therein,  and  be  free  from  danger  to  the 
health  and  lives  of  the  men  by  reason  of  said  noxious  and  poisonous 
gases,  and  all  workings  shall  be  kept  clear  of  standing  gas. 

Sec.  5.  To  secure  the  ventilation  of  every  coal  mine,  and  provide  for 
the  health  and  safety  of  the  men  employed  therein,  otherwise  and  in 
every  respect,  the  owner,  or  agent,  as  the  case  may  be,  in  charge  of 
every  coal  mine,  shall  employ  a  competent  and  practical  inside  overseer, 
who  shall  keep  a  careful  watch  over  the  ventilating  apparatus,  over  the 
air  ways,  the  traveling  ways,  the  pumps  and  sumps,  the  timbering,  to 
see  as  the  miners  advance  in  their  excavations  that  all  loose  coal,  slate, 
or  rock  overhead  is  carefully  secured  against  falling ;  over  the  arrange- 
ments for  signaling  from  the  bottom  to  the  top,  and  from  the  top  to  the 
bottom  of  the  shaft  or  slope,  and  all  things  connected  with  the  fand] 
appertaining  to  the  safety  of  the  men  at  work  in  the  mine.  He,  or  his 
assistants,  shall  examine  carefully  the  workings  of  all  mines  generating 
explosive  gases,  every  morning  before  the  miners  enter,  and  shall 
ascertain  that  the  mine  is  free  from  danger,  and  the  workmen  shall  not 
enter  the  mine  until  such  examination  has  been  made  and  reported, 
and  the  cause  of  danger,  if  any,  be  removed. 

Sec.  6.  The  overseer  shall  see  that  hoisting  machinery  is  kept 
constantly  in  repair  and  ready  for  use,  to  hoist  the  workmen  in  or  out 
of  the  mine. 

Sec.  7.     The  word  "owner"  in  this  act  shall  apply  to  lessee  as  well. 

Sec.  8.  For  any  injury  to  person  or  property  occasioned  by  any 
violation  of  this  act,  or  any  wilful  failure  to  comply  with  its  pro- 


MINING    LAWS.  53 

Isions,  a  right  of  action  shall  accrue  to  the  party  injured  for  any 
I  direct  damage  he  or  she  may  have  of  the  overseer  of  any  coal  mine,  he 
I  shall  be  liable  to  conviction  of  misdemeanor,  and  punished  according 
i  to  law;  provided,  that  if  such  wilful  failure  or  negligence  is  the  cause 
I  of  the  death  of  any  person,  the  overseer,  upon  conviction,  shall  be 
rloemed  guilty  of  manslaughter. 

Sec.  10.     All  boilers  used  for  generating  steam  in  and  about  coal 
iiiines  shall  be  kept  in  good  order,  and  the  owner  or  agent  thereof  shall 
i  have  them  examined  and  inspected  by  a  competent  boilermaker,  as 
often  as  once  in  three  months. 
Sec.  11.     This  act  shall  not  apply  to  opening  a  iiew  coal  mine. 


WEEKLY  DAY  OF  REST. 

[Stats.    1893,   page    54.] 

Section  1.  Every  person  employed  in  any  occupation  of  labor  shall 
be  entitled  to  one  day's  rest  therefrom  in  seven,  and  it  shall  be  unlawful 
for  any  employer  of  labor  to  cause  his  employees,  or  any  of  them,  to 
work  more  than  six  days  in  seven;  provided,  however,  that  the  pro- 
visions of  this  section  shall  not  apply  to  any  case  of  emergency. 

Sec.  2.  For  the  purposes  of  this  act,  the  term  day's  rest  shall  mean 
and  apply  to  all  cases,  whether  the  employee  is  engaged  by  the  day, 
week,  month,  or  year,  and  whether  the  work  performed  is  done  in  the 
day  or  night  time. 

Sec.  3.  Any  person  violating  the  provisions  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor. 


MINERS'  HOSPITAL. 

[Stats.    1881,   page   81.] 

Section  1.  There  shall  be  erected  as  soon  as  conveniently  may  be, 
upon  some  suitable  site,  a  public  hospital  and  asylum  for  the  reception, 
care,  medical,  and  surgical  treatment,  and  relief  of  the  sick,  injured, 
disabled,  and  aged  miners  which  shall  be  known  as  the  ''California 
State  Miners'  Hospital  and  Asylum." 

*     *     # 

Sec.  5.  Indigent  miners  shall  be  charged  for  medical  attendance, 
surgical  operations,  board,  and  nursing  while  residents  in  the  hospital 
and  asylum,  no  more  than  the  actual  cost ;  paying  patients,  whose  friends 
can  pay  their  expenses,  shall  pay  according  to  the  terms  directed  by 
the  trustees. 

Sec.  6.  The  several  boards  of  supervisors  of  counties,  or  any  con- 
stituted authority  in  the  state  having  care  and  charge  of  any  indigent 
sick,  or  aged  person  or  persons,  if  satisfactorily  proven  by  them  to 
have  been  miners,  shall  have  authority  to  send  to  the  ''California  State 
Miners'  Hospital  and  Asylum"  such  persons,  and  they  shall  be  severally 
chargeable  with  the  expenses  of  the  care,  maintenance,  and  treatment, 
and  removal  to  and  from  the  hospital  and  asylum  of  such  patients. 


I 


54  CALIFORNIA   STATE    MINING   BUREAU. 


LARCENY  OF  GOLD-DUST  AND  AMALGAM. 

An  act  supplementary  to  an  act  entitled  "An  act  concerning  crimes  and  punish- 
ments," passed  April  16,  1850. 

[Approved  March  20,   1872  ;   1871-2,   435.] 

Section  1.  Every  person  who  shall  feloniously  steal,  take  and  carry 
away,  or  attempt  to  take,  steal,  and  carry  from  any  mining  claim, 
tunnel,  sluice,  under-cu,rrent,  riffle-box,  or  sulphurate  (sulphuret) 
machine  any  gold-dust,  amalgam,  or  quicksilver,  the  property  of  an- 
other, shall  be  deemed  guilty  of  grand  larceny,  and  upon  conviction 
thereof  shall  be  punished  by  imprisonment  in  the  state  prison  for  any 
term  of  not  less  than  one  year  nor  more  than  fourteen  years. 

Sec.  2.     This  act  shall  be  in  force  from  and  after  its  passage. 


CALIFORNIA  MINE  BELL  SIGNALS. 

An  act  to  establish  a  uniform  system  of  mine  bell  signals,  to  be  used   in  all  the 
mines  operated  in  the  State  of  California,  and  for  the  protection  of  miners. 

[Approved  March  8,  1893.] 

Section  1.  Every  person,  company,  corporation,  or  individual, 
operating  any  mine  within  the  State  of  California — gold,  silver,  cop- 
per, lead,  coal,  or  any  other  metal  or  substance — ^where  it  is  necessary  to 
use  signals  by  means  of  bell  or  otherwise,  for  shafts,  inclines,  drifts, 
crosscuts,  tunnels,  and  underground  workings,  shall,  after  the  passage 
of  this  bill,  adopt,  use,  and  put  in  force  the  following  system  or  code 
of  mine  bell  signals,  as  follows : 

1  bell,  to  hoist.     (See  Rule  2.) 

1  bell,  to  stop  if  in  motion. 

2  bells,  to  lower.     (See  Rule  2.) 

3  bells,  man  to  be  hoisted;  run  slow.     (See  Rule  2.) 

4  bells,  start  pump  if  not  running,  or  stop  pump  if  running. 
1 — 3  bells,  start  or  stop  air  compressor. 

5  bells,  send  down  tools.     (See  Rule  4.) 

6  bells,  send  down  timbers.     (See  Rule  4.) 

7  bells,  accident ;  move  bucket  or  cage  by  verbal  orders  only. 
1 — 4  bells,  foreman  wanted. 

2 — 1 — 1  bells,  done  hoisting  until  called. 

2 — 1 — 2  bells,  done  hoisting  for  the  day. 

2 — 2 — 2  bells,  change  buckets  from  ore  to  water,  or  vice  versa. 

3 — 2 — 1  bells,  ready  to  shoot  in  the  shaft.     (See  Rule  3.) 

Engineer's  signal,  that  he  is  ready  to  hoist,  is  to  raise  the  bucket  or 
cage  two  feet  and  lower  it  again.     (See  Rule  3.) 

Levels  shall  be  designated  and  inserted  in  notice  hereinafter  men- 
tioned.    (See  Rule  5.) 

Sec.  2.  For  the  purpose  of  enforcing  and  properly  understanding 
the  above  code  of  signals,  the  following  rules  are  hereby  established : 

Rule  1 — In  giving  signals  make  strokes  on  bell  at  regular  intervals. 
The  bar  ( — )  must  take  the  same  time  as  for  one  stroke  of  the  bell, 
and  no  more.  If  timber,  tools,  the  foreman,  bucket  or  cage  are  wanted 
to  stop  at  any  level  in  the  mine,  signal  by  number  of  strokes  on  the 


^Hi 


MINING  LAWS.  55 


number  of  the  level  first  before  giving  the  signal  for  timber,  tools, 

etc.     Time  between  signals  to  be  double  bars  ( ).     Examples: 

6 5  would  mean  stop  at  sixth  level  with  tools. 

4 1 — 1 — 1 1,  would  mean  to  stop  at  fourth  level,  man  on, 

hoist. 

2 1 — 4  would  mean  stop  at  second  level  with  foreman. 

Rule  2 — No  person  must  get  off  or  on  the  bucket  or  cage  while  the 
same  is  in  motion.  When  men  are  to  be  hoisted  give  the  signal  for 
men.  Men  must  then  get  on  bucket  or  cage,  then  give  the  signal  to 
hoist.  Bell  cord  must  be  in  reach  of  man  on  the  bucket  or  cage  at 
stations. 

Eule  3 — After  signal  ''Ready  to  shoot  in  shaft,*'  engineer  must  give 
his  signal  when  he  is  ready  to  hoist.     Miners  must  then  give  the  signal 
I  of  "Men  to  be  hoisted,"  then  "spit  fuse,"  get  into  the  bucket,  and  give 
the  signal  to  hoist. 

Eule  4 — All   timbers,   tools,    etc.,    "longer   than   the   depth   of   the 

bucket,"  to  be  hoisted  or  lowered,  must  be  securely  lashed  at  the  upper 

'  end  to  the  cable.     Miners  must  know  they  will  ride  up  or  down  the 

aft  without  catching  on  rocks  or  timbers  and  be  thrown  out. 

Rule  5 — The  foreman  will  see  that  one  printed  sheet  of  these  signals 

[and  rules  for  each  level  and  one  for  the  engine-room  are  attached  to 

I  a  board  not  less  than  twelve  inches  wide  by  thirty-six  inches  long,  and 

j  securely  fasten  the  board  up  where  signals  can  be  easily  read  at  the 

'places  above  stated. 

Rule  6 — The  above  signals  and  rules  must  be  obeyed.  Any  violation 
will  be  sufficient  grounds  for  discharging  the  party  or  parties  so  doing. 
No  person,  company,  corporation,  or  individuals  operating  any  mine 
within  the  State  of  California,  shall  be  responsible  for  accidents  that 
may  happen  to  men  disobeying  the  above  rules  and  signals.  Said 
i  notice  and  rules  shall  be  signed  by  the  person  or  superintendent  having 
'  charge  of  the  mine,  who  shall  designate  the  name  of  the  corporation 
or  the  owner  of  the  mine. 

Sec.  3.  Any  person  or  company  failing  to  carry  out  any  of  the  pro- 
visions of  this  act  shall  be  responsible  for  all  damages  arising  to  or 
incurred  by  any  person  working  in  said  mine  during  the  time  of  such 
failure. 

Sec.  4.     This  act  shall  take  effect  immediately. 


MINER'S  INCH  DEFINED. 

An  act  fixing  and  defining  a  miner's  inch  of  water. 
[Approved  March  23,  1901.] 

The  people   of  the  State   of   California,  represented  in   senate   and 
assemhly,  do  enact  as  follows: 

H  Section  1.  The  standard  miner's  inch  of  water  shall  be  equivalent 
!^  or  equal  to  one  and  one  half  cubic  feet  of  water  per  minute,  measured 
i   through  any  aperture  or  orifice. 

\  Sec.  2.  All  acts  or  parts  of  acts  inconsistent  with  the  provisions  of 
I   this  act  are  hereby  repealed. 

Sec.  3.     This  act  shall  be  in  effect  and  force  sixty  days  from  and 
after  its  passage. 


56  CALIFORNIA    STATE    MINING   BUREAU. 

FORMS  FOR  LOCATION  NOTICES. 

The  following  forms  for  mineral  location  notices  have  been  found  to 
fill  the  reciuirements  of  the  statutes : 

NOTICE    OF    QUARTZ    LODE    LOCATION. 

Notice  is  hereby  given,  That  I, , 

a  citizen  of  the  United  States,  have  discovered  a  vein  of  rock  in  place, 
carrying  gold,  silver,  copper,  and  other  valuable  deposits,  upon  which 
I  have  erected  a  discovery  monument  and  posted  this  notice,  as  herein- 
after set  forth;  that  in  accordance  with  the  provision  of  Chapter  6, 
Title  32  of  the  Revised  Statutes  of  the  United  States  and  the  laws  of 
the  State  of  California,  I  hereby  claim  fifteen  hundred  linear  feet  of 
said  vein,  measured  thereon  as  hereinafter  set  forth.     Said  discovery 

was  made  on  the day  of ,  19 

Immediately  upon  making  the  same,  and  on  the day  of 

,  19 ,  I  erected  at  the  point  of  discovery, 

a  substantial  monument,  consisting  of  a  mound  of  rocks  and 

,  and  posted  thereon  this  notice. 

The  *  general  course  of  said  vein  is and  

I  claim  in  length  thereon feet and 

feet from  said  discovery  monument.     I  also  claim  three 

hundred  feet  on  each  side  of  the  center  of  the  vein.     This  vein  or 

claim  shall  be  known  as  and  called  the It  is 

situated  in Mining  District,  and  in  t  Sec. 

,  Tp. ,  R. ,  B.  and  M.,  in 

County,    California,    and   the   discovery   monument being 

placed   about    § 

from 

That  the  following  is  a  description  of  said  location  as  marked  on  the 

ground:  J  commencing  at  the of  said  claim, 

a from  which  initial  point  the 

discovery  monument  is  distant  about feet  in  a 

direction;    thence    || 

Dated  and  posted  on  the  ground,  this day  of 

,  19____. 

Witness 


Locator. 


♦Make  this  description  In  accordance  with  the  facts,  as  "The  general  course  of  said 
vein  is  north  and  south.  I  claim  in  length  thereon  500  feet  north  and  1,000  feet 
south  from  said  discovery  monument." 

tif  the  claim  is  upon  surveyed  land,  give  the  section,  township  and  range,  If  pos- 
sible.    This  is  not  required  by  law,  but  makes  a  much  better  description. 

JHere  refer  to  some  natural  object  or  permanent  monument  so  as  to  Identify  the 
locality  of  the  claim.  In  compliance  with  section  2324.  Revised  Statutes  U.  S.  A  road, 
house,  tree,  known  mountain  or  peak,  government  corner,  mill,  or  known  mininf 
claim,  are  such  objects  or  monuments.  As,  "About  one  mile  directly  east  froni 
John  Doe's  quartz  mill  and   400   rod's  west  from  the  Last  Hope  mine,"  etc.  ^ 

tHere  state:  "Commencing  at  the  N.  E.  corner  of  said  claim,  a  mound  of  roctt 
4  ft.  high."  or  at  any  other  corner  or  point  In  the  boundary;  give  the  distance  anfl 
direction  from  this  Initial  monument  to  the  discovery  monument,  and  then  locate  thf 
discovery  with  reference  to  some  ftatural  object  or  permanent  monument. 

JjHere  follows  a  description  of  the  <!lalm  from  the  Initial  monument.  For  instance: 
"Thence  600  ft.  northwesterly  to  the  N.  W.  corner  of  said  claim,  at  which  point  l» 
a  mound  of  rocks  2>  ft.  high,  marked  so-and-so  (if  marked):  thence  1500  ft.  south-; 
westerly  to  the  S.  W,  corner  of  said  claim,  being  a  mound  of  rocks,"  etc. ;  so  golnif 
around  the  claim  to  the  point  of  beginning. 


k 


MINING   LAWS.  57 


NOTICE  OF  LOCATION  OF  PLACER  CLAIM. 

Notice  is  hereby  given,  That   

citizen of  the  United  States,  h this  day  of 

,  19 — ,  discovered  a  valuable  placer  deposit  within 

the  limits  of  this  claim;  that  by  virtue  of  said  discovery, , 

ha located,  and  hereby  locate  and 

claim  the  following  described  land,  situate  in Mining  District, 

County,  California,  to  wit:  * 

of  section ,  Township , 

Range ,  B.  and  M.,  containing acres.t 

Said  claim  is  hereby  named Placer  Claim. 

Said  claim  is  marked  upon  the  ground  as  follows:  % 

This  notice  is  posted  ou  a  mound  of  rocks  at  the'  point  of  discovery, 
situated  §   

Dated  and  posted  on  the  ground,  this day  of ,  19 

Locator. 


♦The  statute  provides  that  the  locator  must  give  "a  description  of  the  claim  by 
reference  to  legal  subdivisions  of  sections,  if  the  location  is  made  in  conformity  with 
the  public  surveys;  otherwise  a  description  with  reference  to  some  natural  object  or 
permanent  monument  as  will  identify  the  claim." 

jWhen  not  described  by  legal  subdivisions,  the  description  should  conform  to  that 
contained  in  the  final  certificate  of  location  of  a  lode  claim. 

JThe  statvite  provides  that,  whether  described  by  legal  subdivisions  or  not,  the 
location  shall  be  marked  by  the  locator  on  the  ground,  and  as  the  affidavit  to  be  filed 
later  is  not  required  to  contain  a  description  of  the  claim,  we  think  this  notice  should 
state  how  the  location  is  marked;  as,  for  instance,  "At  the  N.  E.  corner  of  said  tract 
a  mound  of  rocks  3  ft.  high,  marked  so-and-so  (if  marked),  and  at  the  N.  W.  corner 
a  stake  in  a  mound  of  rocks,  marked,"  etc.,  and  so  on  for  each  monument  enclosing 
the  claim. 

§Here  state  where  the  discovery  is  located,  as,  for  instance,  "20  ft.  S.  W.  of  the 
X.  E.  corner  monument." 

||A  duplicate  of  this  notice  must  be  filed  for  record  with  the  county  recorder  within 
thirty  days  from  the  discovery;  and  the  locator  is  allowed  thirty  days  to  mark  his 
location  on  the  ground. 

The  foregoing  form  of  placer  notice  may  be  used  for  location  of  all 
deposits  which  are  classed  under  placer  laws. 


I 


58  CALIFORNIA   STATE    MINING   BUREAU. 


EXTRACTS    FROM    BULLETIN    NO.   61,    U.  S.    BUREAU    OF    MINES. 

ABSTRACT  OF  CURRENT  DECISIONS  ON 
MINES  AND  MINING. 


Discovery  Necessary. 

There  can  be  no  valid  location  of  a  mining  claim  until  a  sufficient 
actual  discovery  of  mineral  is  made  on  the  claim  and  no  question  of  the 
doing  of  annual  assessment  work  is  involved,  as  it  is  only  after  such  a 
discovery,  when  actual  possession  is  no  longer  necessary  to  protect  the 
location  against  subsequent  locators,  that  annual  assessment  work  is 
essential  to  prevent  a  forfeiture. 

(Borgwardt  vs.  McKittrich  Oil  Co.,  130  Pac.  417  (  Cal.),  March,  1913.) 

Character  of  Minerals  Subject  to  Location. 

In  a  contest  between  a  placer  and  a  lode  locator  a  court  has  jurisdic- 
tion to  determine  whether  the  mineral  land  in  controversy  was  of  a 
character  which  entitled  it  to  be  located  as  a  placer  mine,  or  whether 
it  could  only  be  entered  as  a  lode  mining  claim,  for  the  reason  that  if 
the  land  was  not  subject  to  location  as  a  placer  claim  the  placer  claim- 
ant obtained  no  possessory  right  thereto. 

{San  Francisco  Chemical  Co.  vs.  Dufficld,  201  Fed.  830.  p.  8')4, 
November,  1912.) 

Lands  Already  Appropriated. 

No  right  to  a  mining  claim  can  be  initiated  while  the  ground  is  in 
possession  of  another  who  has  the  right  to  its  possession  under  an 
earlier  lawful  location,  nor  can  such  a  claim  be  initiated  by  forcible  or 
fraudulent  entry  upon  land  in  possession  of  one  who  has  no  right 
either  to  the  possession  or  to  the  title. 

(San  Francisco  Chemical  Co.  vs.  Duffleld,  201  Fed.  830,  p.  834.: 

Marking  Boundaries. 

The  marking  upon  the  ground  of  the  boundaries  of  a  mining  loca- 
tion should  be  made  so  certain  and  so  plain  that  any  one  prospecting 
in  the  same  locality  would  have  no  trouble  in  locating  the  exact  ground 
claimed;  but  any  markings  on  the  ground  by  stakes,  monuments, 
mounds,  and  written  notices  whereby  the  boundaries  can  be  readily 
traced,  are  sufficient,  and  if  a  third  party  is  intending  to  locate  can 
readily  ascertain  from  what  has  been  done  by  the  prior  locator,  the 
extent  and  boundaries  of  the  existing  location,  then  the  statute  has 
been  sufficiently  complied  with. 

{Madeira  vs.  Sonoma  Magnesite  Co.,  130  Pac.  175  (Cal.),  DecemlK^r, 
1912.) 

Failure  to  Mark  Boundaries. 

A  locator  of  a  mining  ground  who  failed  to  definitely  mark  the 
boundaries  of  his  location  and  left  his  claim  unmarked  from  Septem- 
ber, 1905,  to  June,  1906,  and  knew  that  another  person  had  located  a 
part  of  the  same  ground  and  performed  a  large  amount  of  labor 


MINING   LAWS.  59 

thereon  without  knowledge  of  such  prior  location,  did  not  act  within 
a  reasonable  time  in  definitely  marking  his  claim  on  the  ground  so 
that  its  boundaries  could  be  readily  traced. 

{Maddra  vs.  Sonoma  Magncsite  Co.,  130  Pac.  (Cal.),  December, 
1912.) 

Excessive  Ground. 

A  mining  location  duly  made  according  to  the  mining  laws  is  not 
invalid  where  the  locator  includes  within  the  boundaries  of  his  claim 
more  than  the  law  permits,  as  in  such  case  he  is  entitled  to  hold  to  the 
limit  which  the  law  authorizes  within  the  limits  he  has  laid  out,  and 
the  territory  embraced  within  his  boundaries  in  excess  of  such  limits  is 
to  be  rejected;  but  where  a  locator  relies  upon  the  corners  established 
and  marked  out,  a  different  rule  governs,  and  if  the  courses  are  so 
widely  separated  from  where  they  should  be  as  to  bear  no  relation  to 
the  lode,  and  so  remote  as  to  justify  reasonable  inference  that  they 
were  not  intended  to  apply  to  the  lode  in  question,  they  would  add 
little  if  any  force  to  the  claim  that  the  law  had  been  complied  with, 
and  especially  so  w-here  the  notice  once  posted  at  the  discovery  point 
had  disappeared  or  where  the  lode  line  was  not  distinctly  marked. 

{Madeira  vs.  Sonoma  Magnesite  Co.,  130  Pac.  175  (Cal.),  December, 
1912.) 

Entry  on  Existing  Location. 

A  provisional  location  can  not  be  made  upon  an  existing  mining 
claim  with  the  intention  on  the  part  of  the  locator  that  the  validity  of 
such  provisional  location  depends  on  whether  or  not  the  prior  locator 
fails  to  do  the  annual  assessment  work  and  thereby  forfeits  the  exist- 
ing claim. 

{Booncy  vs.  Barnette,  200  Fed.  700,  p.  708,  October,  1912.) 

Placer  Claims. 

By  a  placer  claim  is  meant  ground  within  defined  boundaries  con- 
taining mineral  in  its  earth,  sand  or  gravel — ground  that  includes 
valuable  deposits  not  in  place,  nor  fixed  in  rock,  but  which  are  in  a 
loose  state  and  that  may  usually  be  collected  by  washing  or  amalgama- 
tion w^ithout  milling. 

{San  Francisco  Chemical  Co.  vs.  Duffield,  201  Fed.  830,  p.  836, 
November.  1912.) 

Placer  and  Lode  Claims — Rock  Phosphate. 

Calcium  phosphate  or  rock  phosphate  found  in  place  having  a  dip 
and  strike,  firmly  fixed  in  the  mass  of  a  mountain  and  occurring  between 
strata  of  limestone,  chert,  and  shale,  where  the  line  of  demarcation 
between  veins  of  such  phosphate  rock  and  wall  rock  of  limestone  or 
shale  is  well  defined  and  distinct,  and  where  the  distinction  between 
such  phosphate  rock,  having  commercial  value,  is  readily  determined 
by  visual  inspection,  is  subject  to  location  under  the  mining  laws  only 
as  a  vein  or  lode  and  not  as  a  placer  claim. 

{San  Francisco  Chemical  Co.  vs.  Duffield^  201  Fed.  830,  p.  836, 
November,  1912.) 


60 


CALIFORNIA   STATE    MINING   BUREAU. 


PUBLICATIONS  OF  THE  CALIFORNIA  STATE  MINING  BUREAU. 

Publications  of  this  Bureau  will  be  sent  on  receipt  of  the  requisite  amount  and 
postage.     Only  stamps,  coin  or  money  orders  will  be  accepted  in  payment. 
Money  orders  should  be  made  payable  to  the  State  Mining  Bureau. 
Personal  checks  tcill  not  he  accepted. 

REPORTS. 

Asterisk  (*)  indicates  the  publication  is  out  of  print. 
♦Report        I.    Henry  G.  Hanks.     1880. 
♦Report      II.    Henry  G.  Hanks.     1882. 
♦Report    III.    Henry  G.  Hanks.    1883. 
♦Report     IV.    Henry  G.  Hanks.     1884. 
♦Report      V.    Henry  G.  Hanks.    1885. 
♦Report      VI— Part  1.    Henry  G.  Hanks.    1886. 
♦Report      VI— Part  2.    Wm.  Irelan,  Jr.    1883. 
♦Report   VII.    Wm.  Irelan,  Jr.     1887. 
♦Report  VIII.    Wm.  Irelan,  Jr.     1888. 
♦Report     IX.    Wm.  Irelan,  Jr.    1889. 
♦Report      X.    Wm.  Irelan,  Jr.    1890. 

Price.  Postage. 

Report     XI.    Wm.   Irelan,  Jr.     1892.     (First  biennial.) $1,00       $.15 

♦Report   XII.    J.  J.  Crawford.      1894.     (Second  biennial.) _._ 

♦Report  XIII.    J.J.Crawford.    1896.     (Third  biennial.) 1.00         .20 

BULLETINS. 

Price    Postage. 

♦Bulletin    1.    Dessicated  Human  Remains.— Winslow  Anderson.    1888 

♦Bulletin    2.    Methods  of  Mine  Timbering.- W.  H.   Storms.     1894 

♦Bulletin    3.    Gas    and   Petroleum   Yielding   Formations   of   the   Central   Valley   of 

California.— W.   L.  Watts.     1894 

♦Bulletin    4.    Catalogue  of  Cahfornia  Fossils  (Parts  2,  3,  4  and  5.)— J.  G.  Cooper. 

1894  

♦Bulletin    5.    The    Cyanide    Process:    Its    Practical    Application    and    Economical 

Results.— A.   Scheidel.     1894.. 

Bulletin    6.     California  Gold  MiU  Practices.     E.  B.  Preston.     1895 $.50       $.04 

♦Bulletin    7.    Mineral  Production  of  California,  by  Counties,  1894.— Chas.  G.  Yale. 

(Tabulated  sheet)   

♦Bulletin    8.     Mineral  Production  of  California,  by  Counties,  1895.— Chas.  G.  Yale. 

(Tabulated  sheet)   

BuUetin    9.    Mine  Drainage,   Pumps,   etc.— Hans  0.   Behr.     1896 .60         .06 

♦Bulletin  10.    A  Bibliography  Relating  to  the  Geology,  Palaeontology,  and  Mineral 

Resources  of  California.- A.   W.   Vodges.     1896 

♦Bulletin  11.    Oil  and  Gas  Yielding  Formations  of  Los  Angeles,  Ventura,  and    Santa 

Barbara  Counties.— W.   L.   Watts.     1896 

♦Bulletin  12.    Mineral  Production  of  Cahfornia,  by  Counties,  1896.— Chas.  G.  Yale. 

(Tabulated  sheet)  — 

♦Bulletin  13.    Mineral  Production  of  California,  by  Counties,  1897.— Chas.  G.  Yale. 

(Tabulated  sheet)  

♦Bulletin  14.    Mineral  Production  of  Cahfornia,  by  Counties,  1898.— Chas.  G.  Y'ale. 

(Tabulated  sheet)  . .-- 

Bulletin  15.    Map  of  Oil  City  Fields,  Fresno  County.— J.  H.  Means 

♦Bulletin  16.    The    Genesis    of    Petroleum    and    Asphaltum    in    California.— A.   S. 

Cooper.     1899  

♦BuUetin  17.    Mineral  Production  of  California,  by  Counties,  1899.— Chas.  G.  Yale. 

(Tabulated  sheet)  

♦Bulletin  18.    The  Mother  Lode  Region  of  Cahfornia.- W.  H.  Storms.    1900 

♦Bulletin  19.    Oil  and  Gas  Yielding  Formations  of  California.— W.  L.  Watts,    1900 

•BuUetin  20.    Synopsis  of  Reports  of  State  Mining  Bureau.— W.  L.  Watts.    1900...    

•BuUetin  21.    Mineral  Production  of  Cahfornia,  by  Counties,  1900.— Chas.  G.  Yale. 

(Tabulated  sheet)  _ — --- 

♦Bulletin  22.    Mineral  Production  of  CaUlornia  for  Fourteen  Years.— Chas.  G.  Yale. 

1900.  (Tabulated  sheet) - - -- 

Bulletin.         Reconnaissance    of    the    Colorado    Desert    Mining    District.— Stephen 

Bowers,  1901 

Bulletin  23.    The  Copper  Resources  of  California.— P.  C.  DuBoIs,  F.  M.  Anderson, 

J.  H.  TIbblts,  and  G.  A.  Tweedy.    1902 .50         .12 

♦BuUetin  24.    The  Saline  Deposits  of  Cahfornia.— G.  E.  Bailey.    1902 

•BuUetin  25,    Mineral  Production  of  Cahfornia,  by  Counties,  1901.— Chas.  G.  Yale. 

(Tabulated  sheet)  - -- 

♦Bulletin  26.    Mineral  Production  of  OaUfomla  lor  Fifteen  Years.— Chas.  G.  Yale. 

1901.  (Tabulated  sheet) 

BuUetin  27.    The  Quicksilver  Resources  of  CaUlornia.— Wm.  Forstner.    1908 .75        .14 

•BuUetin  28.    Mineral  Production  ol  CaUlornia,  by  Counties,  1902.— Chas.  G.  Yale. 

(Tabulated  sheet)  _ 


PUBLICAT 

•Bulletin  29. 
•Bulletin  30. 

Bulletin  31. 

Bulletin  32. 

•Bulletin  33. 

•Bulletin  34. 

•Bulletin  35. 

•Bulletin  36. 
Bulletin  37. 

•Bulletin  38. 

•Bulletin  39. 

•Bulletin  40. 

•Bulletin  41. 

•Bulletin  42. 

•Bulletin  43. 

|l*BuUetin  44. 

♦Bulletin  45. 
:  BuUetin  45. 

•Bulletin  47. 

•Bulletin  48. 

■•Bulletin  49. 
Bulletin  50. 

♦Bulletin  51. 

♦Bulletin  52. 
|i*Bulletin  53. 
I  'Bulletin  54. 
'  *Bulletin  55. 

♦Bulletin  56. 
Bulletin  57. 

•Bulletin  58. 

•Bulletin  59. 

I   "Bulletin  60. 

Bulletin  61. 


MINING   LAWS.  61 

IONS    OF    THE    CALIFORNIA    STATE     MINING     BUREAU— Continued. 

Asterisk   (♦)   indicates  the  publication  is  out  of  print. 

Price.  Postage. 
Mineral  Production  ol  California  for  Sixteen  Years.— Chas.Q.  Yale. 

1902.  (Tabulated  sheet) 

A  Bibliography  of  Geology,  Palaeontology,  and  Mineral  Resources  of 

California.— A.   W.   Vodges.     1903 

Chemical  Analyses   of  California   Petroleuih.— H.   N.    Cooper.     1903. 

(Tabulated  sheet)  _ _ 

Production  and  Use  of  Petroleum  in  California.— P.  W.  Prutzman. 

1904     __ _ $.25  .08 

Mineral  Production  of  California,  by  Counties,  1903.— Chas.  Q.  Yale. 

(Tabulated  sheet)  _ 

Mineral  Production  of  California  for  Seventeen  Years.— Chas.  G.  Yale. 

1903.  (Tabulated  sheet) _ 

Mines   and  Minerals  of   California   for  1903.— Chas.   G.    Yale.     1904. 

(Statistical) 

Gold  Dredging  in  California.— J.  E.  Doolittle.   .1905 

Gems,   Jewelers'   Materials,    and  Ornamental  Stones  of  California.— 

George  F.  Kunz.     1905: 

First  edition  (without  colored  plates).. 25         .08 

Second  edition  (with  colored  plates) _ 50         .08 

The  Structural  and  Industrial  Materials  of  California. — Wm.  Forstner, 

T.  C.  Hopkins,  C.  Naramore,  L.  H.  Eddy.     1906 

Mineral  Production  of  California,  by  Counties,  1904.— Chas.  G.  Yale. 

(Tabulated  sheet)  _. 

Mineral  Production  of  California  for  Eighteen  Years.— Chas.  G.  Yale. 

1904.  (Tabulated  sheet) 

Mines  and  Minerals  of  California  for  1904.— Chas.  G.  Yale.    (Statis- 
tical)    

Mineral  Production  of  California,  by  Counties,  1905.— Chas.  G.  Yale. 

(Tabulated  sheet)  — 

Mineral  Production  of  California  for  Nineteen  Years.— Chas.  G.  Yale. 

1905.  (Tabulated  sheet) 

Mines  and  Minerals  of  California  for  1905.— Chas.  G,  Yale.     (Statis- 
tical)    -       

Auriferous  Black  Sands  of  California.— J.  A.   ^man.     1907 

General  Index  to  Publications  of  the  State  Mining  Bureau.— Compiled 

by  Chas.  G.  Yale.     1907 30         .06 

Mineral  Production  of  California,  by  Counties,  1906.— Chas.  G.  Yale. 

(Tabulated  sheet)  - - 

Mineral  Production  of  Cahfornia  for  Twenty  Years.— Chas.  G.  Yale, 

1906.  (Tabulated  sheet) - 

Mines  and  Minerals  of  California  for  1906.— Chas.  G.  Yale.     (Statis- 
tical)      r —  - 

The    Copper    Resources     of     California.— A.    Hausmann,    J.    Krutt- 

schnitt,  Jr.,  W.  E.  Thorne,  J.  A.  Edman.     1908 1.00         .20 

Mineral  Production  of  California,  by  Counties,  1907.— D.  H.  Walker, 

Statistician.      (Tabulated   sheet) 

Mineral    Production    of    California    for    Twenty-one    Years.— D.    H. 

Walker,   Statistician.     1907.     (Tabulated  sheet) 

Mineral   Productions   of    California   for   1907,    with   County   Maps.— 

D.  H.  Walker,  Statistician.     1908.     (Statistical) .- 

Mineral  Production  of  California,  by  Counties,   1908.— D.  H.  Walker, 

Statistician.     (Tabulated  sheet) - - 

Mineral    Production    of    California    for    Twenty-two    Years.— D.    H. 

Walker,   Statistician.     1908.     (Tabulated  sheet) — 

Mineral   Productions   for   1908,    County   Maps,    and  Mining   Laws   of 

California.— D.  H.  Walker.    1909.     (Statistical) — 

Gold  Dredging  in  Cahfornia.— W.   B.  Winston,   Charles  Janin,  1910. 

Paper - 1-50         -15 

Bound -• - 2.00         .20 

Mineral  Production  of  Cahfornia,  by  Counties,  1909.— D.  H.  Walker, 

Statistician.     (Tabulated  sheet) — - -•- 

Mineral   Production   of    Cahfornia    for   Twenty-three   Years.— D.    H. 

Walker,  Statistician.    1909.     (Tabulated  sheet)— 

Mineral   Productions    for  1909,    County   Maps,    and   Mining   Laws   of 

Cahfornia.— D.   H.   Walker.     1910.     (Statistical) — 

Mineral    Production    of    Cahfornia    by    Counties    for    1910.— D.    H. 

Walker,  Statistician.     (Tabulated  sheet) 


62  CALIFORNIA   STATE    MINING   BUREAU. 

PUBLICATIONS    OF    THE     CALIFORNIA    STATE     MINING     BUREAU— Continued. 
Asterisk  (*)  indicates  the  publication  is  out  of  print. 

Price.  Postage. 
Bulletin  62.    Mineral    Production    of    California    for   Twenty-four   Years.— D.    H. 

Walker,  Statistician.    1910.    (Tabulated  sheet) 

Bulletin  63.    Petroleum    Development   in    Southern   California— P.    W.    Prutzman. 

1912    $1.50         .22 

Bulletin  64.    Mineral  Production  for  1911.— E.  S.  Boalich,  Statistician,  1912 _.    

Bulletin  65.    Mineral  Production  for  1912.— E.  S.  Boalich,  Statistician,  1913-.- 

Bulletin  66.    Mining  Laws  ___ _ 

REGISTERS    OF    MINES    WITH    MAPS. 

Amador   County  _ $.25  $.08 

Butte  County .25  .08 

♦Calaveras   County  , 

*E1  Dorado  County 

*Inyo  County  . 

*Kern  County  .1 

♦Lake  County .. 

Mariposa  County  .25  .08 

♦Nevada  County  _* 

♦Piacer  County  

♦Plumas  County  _— , 

*San  Bernardino  County 

San  Diego   County .25  ,08 

Santa  Barbara  County .25  .08 

♦Shasta  County  

♦Sierra  County  — 

♦Siskiyou  County . 

♦Trinity  County 

♦Tuolumne  County 

Yuba  County  .25  .08 

Register  of  Oil  Wells  (with  map),  Los  Angeles  City .35  .02 

OTHER    MAPS. 
California,  Showing  Mineral  Deposits- 
Mounted    $1.50 

Unmounted  .30 

Forest  Reserves  in  California- 
Mounted  .50 

Unmounted   — 30 

Mineral  and  Relief  Map  of  California .25 

JSl  Dorado  County,  Showing  Boimdarles  of  National  Forests .20 

Madera  County,  Showing  Boundaries  of  National  Forests .20 

Placer  County,  Showing  Boundaries  of  National  Forests .20 

Shasta  County,  Showing  Boundaries  of  National  Forests .20 

Sierra  County,  Showing  Boundaries  of  National  Forests 20 

Siskiyou  County,  Showing  Boundaries  of  National  Forests .20 

Trinity  County,  Shbwing  Boundaries  of  National  Forests .45 

Tuolumne  County,  Showing  Boundaries  of  National  Forests .20 

♦Mother  Lode  Region — 

Desert  Region  of  Southern  California .10 

Minaret  District,    Madera  County — .20 

Copper  Deposits  in  California _ — - '. .10 

Nevada  County  _ _ - 25 

Placer  County  25 

Plumas   County  _ — .25 

Tuolumne   County  -- -      -25 

DETERMINATION   OF   MINERAL  SAMPLES. 

XoTE. — Samples,  limited  to  three  at  one  time,  of  any  mineral  found  In  the  St    w 
may  be  sent  to  the  Bureau  for  Identification,  and  the  same  will  be  classified  f !<  ■    "t 
charge.     No  samples  will  be  determined  If  received  from  points  outside  of  the  S'     ' 
It   must  be  understood  that  no   assay  or  quantitative  determinations  will  be  m    N 
Samples  should  be  In  lump  form  If  possible,  and  marked  plainly  with  the  nam'    "i 
sender  on  outside  of  package,  etc.     No  samples  will  be  received  unless  delivery  chaij^ts 
are  prepaid.     A  letter  should  accompany  sample,  giving  locality  where  mineral  was 
found  and  the  nature  of  the  Information  desired. 


APPENDIX. 


Tote.- — The  Blue   Sky  Law  and  the  Water  Commission  Act,  both  of  which  were 

ted  into  law  at  the  1913   session  of  the  California  State  Legislature,  but  which 

been  made  inoperative  by  the  refer-endum  and  are  to  be  submitted  to  the  vote 

lof  the  people  at  the  next  general  election,  are  herewith  appended  because  these  laws 

are  of  vital  interest  to  the  mining  industry. 


64  CALIFORNIA   STATE    MINING   BUREAU. 

''BLUE  SKY  LAW." 

Chapter  353. 

An  act  to  define  investment  companies,  investment  brokers,  and  agents;  to 
provide  for  the  regulation,  supervision  and  licensing  thereof:  to  provide 
penalties  for  the  violation  thereof;  to  create  the  office  of  commissioner  of 
corporations,  and   making    an   appropriation   therefor. 

(Approved  May  28,  1913.) 

The  people  of  the  State  of  California  do  enact  as  follows: 

Section  1.  This  act  shall  be  known  as  the  ''investment  companies 
act." 

Sec.  2.  (a)  The  term  "investment  company,"  when  used  in  this 
act,  includes  every  private  corporation,  association,  copartnership  and 
company,  which  shall  within  this  state,  sell,  offer  for  sale,  negotiate  for 
the  sale  of  or  take  subscriptions  for  any  stock,  stock  certificate,  bond  or 
other  evidence  of  indebtedness  of  any  kind  or  character,  issued  or  to  be 
issued  by  itself,  other  than  promissory  notes  not  offered  to  the  public  by 
the  maker  thereof. 

(&)  The  term  "security,"  when  used  in  this  act,  includes  the  stock, 
stock  certificates,  bonds,  and  other  evidences  of  indebtedness,  other  than 
promissory  notes  not  offered  to  the  public  by  the  maker  thereof,  of  an 
investment  company. 

(c)  The  term  "investment  broker,"  when  used  in  this  act,  includes 
every  corporation,  association,  copartnership,  company  and  person  who 
shall  within  this  state  regularly  engage  in  the  business  of  selling,  offer- 
ing for  sale  or  negotiating  for  the  sale,  as  agent  or  contractor,  of  any 
security  of  more  than  one  investment  company.  The  term  "con- 
tractor" means  any  one  who  undertakes  to  sell  securities  for  an  invest- 
ment company  for  a  commission  or  other  consideration. 

(d)  The  term  "agent,"  when  used  in  this  act,  includes  every  cor- 
poration, association,  copartnership,  company  and  person  who  shall 
within  this  state  sell,  offer  for  sale,  negotiate  for  the  sale  of  or  take 
subscriptions  for  any  security  of  an  investment  company,  either  as  an 
employee  on  a  salary  basis  or  for  a  commission,  if  acting  either  for  the 
investment  company  or  an  investment  broker. 

{e)  The  term  "sale,"  when  used  in  this  act,  means  the  original 
transfer  of  title  of  its  own  securities  from  an  investment  company  f(MF 
any  valuable  consideration.  '  ' 

Sec.  3.  This  act  shall  not  apply  to  corporations,  associations,  cof- 
partnerships,  companies,  firms  and  individuals  now  or  hereafter  subject 
to  the  jurisdiction  or  authority  of  the  railroad  commission,  nor  to  cor- 
porations, associations,  copartnerships,  companies,  firms  and  individuals 
after  they  have  secured  from  the  state  banking  department,  the  insur- 
ance commissioner  or  the  bureau  of  building  and  loan  supervision  a 
certificate  of  authority  or  license  to  do  business  within  this  state,  nor  to 
corporations,  associations,  copartnerships  or  companies,  subject  to  fed- 
eral regulation  or  not  organized  for  profit,  nor  to  muliial  \\nl<'i'  com- 
panies and  irrigation  districts,  nor  to  the  stocks,  stock  ceil  ilicah  s,  bonds 
or  other  evidences  of  indebtedness  of  such  corporations,  associations,  co- 
partnerships, companies,  firms  or  individuals. 


BLUE   SKY   LAW.  65 

Sec.  4.  {a)  Before  selling,  offering  for  sale,  negotiating  for  the  sale, 
or  taking  subscriptions  for,  any  security  of  any  kind  or  character,  each 
investment  company  shall  file  in  the  office  of  the  commissioner  of  cor- 
porations of  this  state,  an  application  for  permission  so  to  do,  together 
with  a  filing  fee,  as  hereinafter  prescribed,  an  itemized  statement  of  its 
financial  condition,  in  such  form  and  detail  as  the  commissioner  of 
corporations  may  prescribe,  a  copy  of  all  contracts  which  it  proposes  to 
make  with  or  sell  to  the  public,  a  certified  copy  of  its  charter,  articles  of 
incorporation  or  articles  of  association  and  all  amendments  thereto,  and 
such  additional  information  pertaining  thereto  as  the  commissioner  of 
corporations  may,  from  time  to  time,  prescribe.  Said  filing  fee  shall  be 
five  dollars  if  the  par  or  face  value  of  said  security  amounts  to  twenty- 
five  thousand  dollars  or  less ;  ten  dollars  if  the  par  or  face  value  of  said 
security  amounts  to  over  twenty-five  thousand  dollars  and  not  over  fifty 
thousand  dollars;  fifteen  dollars  if  the  par  or  face  value  of  said  security 
amounts  to  over  fifty  thousand  dollars  and  not  over  seventy-five  thou- 
sand dollars;  twenty  dollars  if  the  par  or  face  value  of  said  security 
amounts  to  over  seventy-five  thousand  dollars  and  not  over  one  hundred 
thousand  dollars;  and  twenty-five  dollars  if  the  par  or  face  value  of 
said  security  amounts  to  over  one  hundred  thousand  dollars. 

( 6 )  If  the  investment  company  does  not  desire  to  sell  its  securities  to 
the  public  the  commissioner  of  corporations  may  make  his  written  find- 
ing to  that  effect.  Upon  the  filing  of  said  finding  the  investment  com- 
pany and  its  securities  shall  be  exempt  from  the  provisions  of  this  act 
until  the  commissioner  of  corporations  makes  and  files  his  order  setting 
aside  said  finding.  The  commissioner  of  corporations  shall  have  power 
to  make  his  order  setting  aside  said  finding  if  he  finds  that  the  invest- 
ment company  is  selling  its  securities  to  the  public,  or  for  other  good 
cause. 

(c)  If  such  company  is  organized  or  created  under  or  by  virtue  of 
the  laws  of  any  other  state,  territory  or  government,  it  shall  also  file  in 
the  office  of  the  commissioner  of  corporations  a  certified  copy  of  the  law 
or  laws  under  which  it  is  organized  or  incorporated,  and  all  amend- 
ments thereto,  and  also,  in  such  form  as  the  commissioner  of  corpora- 
tions may  prescribe,  its  written  instrument,  irrevocable,  appointing  the 
commissioner  of  corporations  or  his  successor  in  office  its  true  and  law- 
ful attorney,  upon  whom  all  process  in  any  action  or  proceeding  against 
it  may  be  served  with  the  same  effect  as  if  said  company  were  organized 
or  created  under  the  laws  of  this  state  and  had  been  lawfully  served 
with  process  therein.  Service  upon  such  attorney  shall  be  deemed 
personal  service  upon  such  company.  The  commissioner  of  corpora- 
tions shall  forthwith  forward  by  mail,  postage  prepaid  to  the  person 
designated  by  such  company  by  written  instrument  filed  with  the  com- 
missioner of  corporations  at  the  address  given  in  said  instrument,  or, 
in  case  no  such  instrument  has  been  filed,  to  the  secretary  of  such 
company  at  its  last  known  post-office  address,  a  copy  of  every  process 
served  upon  him  under  the  provisions  of  this  section.  For  each  copy 
of  process,  the  commissioner  of  corporations  shall  collect  the  sum  of 
two  dollars,  which  shall  be  paid  by  the  plaintiff  or  moving  party  at  the 
time  of  such  service,  to  be  recovered  by  him  as  part  of  his  taxable  costs, 
if  he  succeeds  in  the  suit  or  proceedings.     Service  shall  not  be  deemed 


66  '  CALIFORNIA   STATE    MINING    BUREAU. 


complete  until  said  fee  has  been  paid,  and  said  copy  of  process  maile 
as  hereinbefore  directed. 

Sec.  5.  It  shall  be  the  duty  of  the  commissioner  of  corporations  to 
examine  the  statement  and  other  information  so  filed,  and  he  may,  if 
he  deems  it  advisable,  make,  or  have  made,  at  applicant's  cost  as  here- 
inafter in  this  act  specified,  a  detailed  examination,  audit  and  investiga- 
tion of  the  investment  company 's  affairs,  providing  that  the  investment 
company  may  at  its  option,  in  writing,  refuse  to  have  such  examination, 
audit  or  investigation  made,  whereupon  the  commissioner  of  corpora- 
tions must  reject  the  application.  If  he  finds  that  the  proposed  plan  of 
business  of  the  investment  company  is  not  unfair,  unjust,  or  inequitable 
the  commissioner  of  corporations  shall  issue  to  the  investment  company 
a  certificate,  authorizing  it  to  sell  securities,  as  therein  specified  within 
this  state,  reciting  that  the  company  has  complied  with  the  provisions 
of  this  act,  that  detailed  information-  concerning  the  investment  com- 
pany and  its  securities  is  on  file  in  the  office  of  the  commissioner  of 
corporations  and  that  the  investment  company  is  authorized  to  sell  said 
securities  within  this  state  on  such  conditions,  if  any,  as  the  commis- 
sioner of  corporations  may  in  said  certificate  prescribe.  Said  certificate 
shall  recite  in  bold  type  that  the  issuance  of  this  certificate  is  per- 
missive only  and  does  not  constitute  a  recommendation  or  indorsement 
of  said  securities.  The  commissioner  of  corporations  may  impose  such 
conditions  as  he  may  deem  necessary  to  the  issue  of  said  securities,  and 
may,  from  time  to  time,  for  cause,  rescind,  alter  or  amend  the  certificate. 
If  the  commissioner  of  corporations  finds  that  the  proposed  plan  of 
business  of  the  investment  company  is  unfair,  unjust,  or  inequitable  or 
that  it  does  not  intend  to  do  a  fair  and  honest  business,  he  shall  refuse 
to  issue  the  certificate  and  shall  notify  the  investment  company  in 
writing  of  his  decision.  It  shall  be  unlawful  to  issue  any  security  to 
which  this  act  is  applicable  unless  a  certificate  or  a  temporary  permit 
authorizing  the  issue  thereof  shall  first  have  been  secured  from  the 
commissioner  of  corporations  as  provided  in  this  act;  and  it  sliall 
further  be  unlawful  for  any  investment  company,  investment  broker 
or  agent  as  in  this  act  defined,  to  sell,  offer  for  sale,  negotiate  for  the 
sale  of  or  take  subscriptions  for  any  stock,  stock  certificate,  bond  or 
other  evidence  of  indebtedness  of  any  kind  or  character  without  exhibit- 
ing to  the  prospective  purchaser  or  prospective  purchasers  of  such 
securities,  or  any  thereof,  a  copy  of  the  certificate  issued  to  s'uch  invest- 
ment company  in  accordance  herewith.  A  corporation  may  without 
applying  for  a  certificate  under  the  provisions  of  this  act  issue  to  each 
of  its  directors  one  share  of  stock  for  the  purpose  of  (lualifying  as 
directors.  The  commissioner  of  corporations,  if  satisfied  that  the  invest- 
ment company  intends  to  do  a  fair,  just  and  equitable  business,  may, 
forthwith  upon  the  filing  of  the  statement  and  other  papers  required  by 
section  four  of  this  act,  issue  to  said  investment  company,  upon  such 
conditions  as  he  may  prescribe,  a  temporary  permit  to  issue  its  securi- 
ties pending  the  examination  of  said  statement  and  other  papers,  and 
may,  from  time  to  time,  for  cause,  rescind,  alter  or  amend  said  tem])0- 
rary  permit. 

Sec.  6.  The  provisions  of  sections  four  and  five  of  this  act,  in  so  i.ir 
as  applicable,  shall  apply  to  investment  brokers;  provided,  that  llie 
commissioner  of  corporations  may,  if  he  finds  that  the  applicant  has  a 


BLUE   SKY   LAW.  67 

irood  business  reputation  and  deals  only  in  good  securities,  issue  to  an 
Mivestment  broker  a  general  permit  entitling  such  investment  broker  to 
11  securities  within  this  state,  authorized  by  him,  until  the  first  of 
3 1  arch  following,  when  it  will  be  necessary  to  secure  a  new  general 
{M^'init.     For  each  such  general  permit  the  commissioner  of  corpora- 
tions shall  charge  the  sum  of  five  dollars.     Such  general  permit,  how- 
ever, shall  be  subject  to  revocation  by  the  commissioner  of  corporations 
'  any  time  for  cause  appearing  to  him  sufficient.     The  commissioner  of 
•rporations  shall  forthwith  mail  written  notice  of  such  revocation  to 
the  investment  broker. 

S1e(\  7.  Any  investment  company  or  investment  broker  may  appoint 
le  (;r  more  agents,  but  it  shall  be  unlawful  for  any  such  agent  to  do 
any  ])usiness  as  specified  in  this  act  until  he  shall  have  secured  from  the 
(Oinmissioner  of  corporations  a  certificate  authorizing  him  to  represent 
such  investment  company  or  investment  broker  within  this  state  until 
the  first  of  March  following,  when  it  will  be  necessary  to  secure  a  new 
certificate.  For  each  certificate  the  commissioner  of  corporations  shall 
charge  the  sum  of  one  dollar.  Such  certificate,  however,  shall  be  sub- 
ject to  revocation  by  the  commissioner  of  corporations  at  any  time  for 
cause  appearing  to  him  sufficient. 

Sec.  8.     The  commissioner  of  corporations  shall  have  general  super- 
ision  and  control,  as  provided  in  this  act,  over  any  and  all  investment 
•mpanies  and  investment  brokers,  and  all  such  investment  companies 
and  investment  brokers  shall  be  subject  to  examination  by  the  commis- 
sioner of  corporations  or  a  duly  authorized  deputy  at  any  time  the 
anmissioner  of  corporations  may  deem  it  advisable  to  have  such  exami- 
nation made  to  carry  out  any  provisioti  of  this  act,  and  in  the  same 
manner  and  with  the  same  powers  as  is  now,  or  may  hereafter  be  pro- 
vided for  the  examination  of  state  banks.     Such  investment  company 
ov  investment  broker  shall  pay  to  the  commissioner  of  corporations,  for 
leh  examination,  a  fee  of  ten  dollars  and  traveling  expenses  for  each 
iv  or  fraction  thereof  that  he  or  his  deputy  shall  necessarily  be  absent 
<»m  his  office  for  the  purpose  of  making  such  examination,  and  the 
.ailure  or  refusal  of  any  investment  company  or  investment  broker  to 
pay  such  fee  upon  the  demand  of  the  commissioner  of  corporations 
shall  work  a  forfeiture  of  its  or  his  rights  to  sell  any  further  securities 
in  this  state  until  such  fee  shall  have  been  paid  to  the  commissioner  of 
corporations,  with  interest  at  the  rate  of  seven  per  cent  from  the  time 
of  the  demand  of  the  commissioner  of  corporations  and  an  additional 
t^^'enty-five  per  cent  of  such  fee  by  way  of  penalty. 

Sec.  9.  It  shall  be  unlawful  for  any  investment  company,  invest- 
•  nt  broker  or  agent  to  issue,  circulate  or  deliver  any  advertisement, 
jamphlet,  prospectus,  circular  or  statement  or  other  document  in  regard 
to  securities  which  it  desires  to  sell  in  this  state  until  after  such  invest- 
ment company,  investment  broker  or  agent  shall  have  been  licensed  to 
sell  such  securities  as  provided  in  this  act.  It  shall  be  unlawful  for  any 
such  licensed  investment  company,  investment  broker  or  agent  to  issue, 
circulate  oi*  deliver  any  such  advertisement,  pamphlet,  prospectus, 
circular,  statement  or  other  document,  unless  the  same  shall  be  signed 
with  the  name  of  the  investment  company  or  investment  broker  and 
bear  a  serial  number  and  a  copy  thereof  shall  first  have  been  filed  with 
the  commissioner  of  corporations.     The  commissioner  of  corporations 


68  CALIFORNIA   STATE   MINING   BUREAU. 

may  for  cause  object  to  any  such  advertisement,  pamphlet,  prospectus, 
circular,  statement  or  other  document,  whereupon  it  shall  be  unlawful 
for  such  investment  company,  investment  broker  or  agent  to  further 
issue,  circulate  or  deliver  such  advertisement,  pamphlet,  prospectus, 
circular,  statement  or  other  document. 

Sec.  10  (a)  Every  investment  company,  until  it  shall  have  sold  all 
the  securities  authorized  by  the  commissioner  of  corporations  and  dis- 
posed of  the  proceeds  thereof,  shall  file  in  the  office  of  the  commissioner 
of  corporations,  under  date  of  December  31st  and  June  30th  of  each 
year,  and  within  fifteen  days  after  said  dates,  and  also  at  such  other 
times  as  may  be  required  by  the  commissioner  of  corporations,  a  report 
setting  forth  in  such  form  as  the  commissioner  of  corporations  may 
prescribe,  the  securities  authorized  by  him  and  sold  under  the  pro- 
visions of  this  act,  the  proceeds  derived  therefrom,  the  disposition  of 
such  proceeds  and  such  other  information  concerning  its  affairs  relating 
to  the  subject  matter  of  this  act,  as  the  commissioner  of  corporations 
may  require. 

(h)  Every  investment  broker  shall  when  called  upon  by  the  com- 
missioner of  corporations  file  in  his  office  a  report  giving  such  informa- 
tion as  he  may  call  for,  relating  to  the  securities,  the  sale  of  which  has 
been  authorized  under  the  provisions  of  this  act. 

Sec.  11.  All  papers,  documents,  reports  and  other  instruments  in 
writing  filed  with  the  commissioner  of  corporations  under  this  act  shall 
be  open  to  public  inspection;  provided,  that  if  in  his  judgment  the 
public  welfare  or  the  welfare  of  any  investment  company  demands  that 
any  portion  of  such  information  be  not  made  public  he  may  withhold 
such  information  from  public  inspection  for  such  time  as  in  his  judg- 
ment is  necessary. 

Sec.  12.  An  appeal  may  be  taken  from  any  decision  of  the  com- 
missioner of  corporations  under  this  act  by  filing  with  the  clerk  of  the 
superior  court  of  the  State  of  California,  in  and  for  the  city  a^id  county 
of  San  Francisco,  a  certified  transcript  of  all  papers  in  the  office  of  the 
commissioner  of  corporations  relating  to  such  decision.  It  shall  be  the 
duty  of  the  commissioner  of  corporations  to  make  and  certify  to  said 
transcript  upon  payment  to  him  of  a  fee  of  ten  cents  for  each  folio  and 
one  dollar  for  the  certification.  The  court  shall  upon  such  appeal  be 
limited  to  a  consideration  of  the  question  whether  there  has  been  abuse 
of  discretion  on  the  part  of  the  commissioner  of  corporations  in  making 
such  decision. 

Sec.  13.  Any  person  who  shall  knowingly  or  wilfully  sul)scribe  to 
or  make  or  cause  to  be  made  any  false  statement  or  false  entry  in  any 
book  of  any  investment  company  or  investment  broker,  or  exhibit  any 
false  paper  with  the  intention  of  deceiving  any  person  authorized  to 
examine  into  its  affairs,  or  who  shall  make  or  publish  any  false  or  mis- 
leading statement  of  its  financial  condition  or  concerning  the  securities 
by  it  offered  for  sale,  shall  be  guilty  of  a  misdemeanor  and  shall  be 
punishable  by  a  fine  not  exceeding  one  thousand  dollars  or  l>y  impris- 
onment in  a  county  jail  not  exceeding  one  year  or  by  both  such  fine 
and  imprisonment. 

Sec.  14.  Any  corporation,  association,  copartnership  or  company 
which  violates  or  fails  to  comply  with  any  of  the  provisions  of  this  act, 
or  which  fails,  omits  or  neglects  to  obey,  observe  or  comply  with  any 


n 


BLUE   SKY   LAW.  69 

prder,  decision,  demand  or  requirement,  or  any  part  or  provision  there- 
pf,  of  the  commissioner  of  corporations  under  the  provisions  of  this  act, 
is  subject  to  a  penalty  of  not  less  than  five  hundred  dollars  nor  more 
than  two  thousand  dollars  for  each  and  every  offense,  which  penalty  if 
'tmpaid  after  demand  by  the  commissioner  of  corporations,  shall  be 
recovered  in  an  action  brought  in  the  name  of  the  people  of  the  State 
>r  California  by  the  attorney  general. 

Sec,  15.     Every  person  who  violates  or  fails  to  comply  with  any  of 

lie  provisions  of  this  act  or  who  fails,  omits  or  neglects  to  obey,  observe 

r  comply  with  any  order,  decision,  demand  or  requirement,  or  any 

»art  or  provision  thereof,  of  the  commissioner  of  corporations  under  the 

provisions  of  this  act  in  any  case  in  which  a  different  penalty  is  not 

>pecifically  provided,  is  guilty  of  a  misdemeanor  and  is  punishable  by 

1  line  of  not  exceeding  one  thousand  dollars,  or  by  imprisonment  in  a 

•  )unty  jail  not  exceeding  one  year,  or  by  both  such  fine  and  imprison- 

neiit. 

Sec.  16.  There  is  hereby  created  a  state  corporation  department. 
riie  chief  officer  of  such  department  shall  be  the  commissioner  of  cor- 
>i 'rations.  He  shall  be  appointed  by  the  governor  and  hold  office  at 
he  pleasure  of  the  governor.  He  shall  receive  an  annual  salary  of  five 
liousand  dollars,  to  be  paid  monthly  out  of  the  state  treasury  upon  a 
.\  arrant  of  the  controller.  He  shall  within  fifteen  days  from  the  time 
f  notice  of  his  appointment  take  and  subscribe  to  the  constitutional 
•aih  of  office  and  file  the  same  in  the  office  of  the  secretary  of  state  and 
xecute  to  the  people  of  the  state  a  bond  in  the  penal  sum  of  ten  thou- 
sand dollars  with  corporate  security  or  two  or  more  sureties,  to  be 
ipproved  by  the  governor  of  the  state,  for  the  faithful  discharge  of  the 
luties  of  his  office. 

Sec.  17.  The  commissioner  of  corporations  shall  employ  such  clerks 
I  lid  deputies  as  he  may  need  to  discharge  in  proper  manner  the  duties 
iiiposed  upon  him  by  law.  Neither  the  commissioner  of  corporations 
lor  any  of  his  clerks  or  deputies  shall  be  interested  in  any  investment 

iiipany,  or  investment  broker,  as  director,  stockholder,  officer,  member, 
_rnt  or  employee.  Such  clerks  and  deputies  shall  perform  such  duties 
IS  the  commissioner  of  corporations  shall  assign  to  them.  He  shall  fix 
the  compensation  of  such  clerks  and  deputies  which  compensation  shall 
36  paid  monthly  on  the  certificate  of  the  commissioner  of  corporations, 
md  on  the  warrant  of  the  controller  out  of  the  state  treasury ;  provided, 
however,  that  the  total  expenditures  provided  for  in  this  act  shall  not 
exceed  fifty  thousand  dollars  per  annum.  Each  deputy  shall  within 
fifteen  days  after  his  appointment  take  and  subscribe  to  the  constitu- 
tional oath  of  office  and  file  the  same  in  the  office  of  the  secretary  of 
state. 

Sec.  18.  The  commissioner  of  corporations  shall  have  his  office  in 
•the  city  of  Sacramento  and  he  shall  from  time  to  time  obtain  the  neces- 
sary furniture,  stationery,  fuel,  light  and  other  proper  conveniences 
for  the  transaction  of  the  business  of  the  state  corporation  department, 
ithe  expenses  of  which  shall  be  paid  out  of  the  state  treasury  on  the 
certificate  of  the  commissioner  of  corporations  and  the  warrant  of  the 
3ontroller. 


70  CALIFORNIA   STATE    MINING   BUREAU. 

Sec.  19.  A  fund  is  hereby  created  to  be  known  as  the  ''corporation 
commission  fund"  and  out  of  said  fund  shall  be  paid  all  the  expenses 
incurred  in  and  about  the  conduct  of  the  business  of  the  corporation 
department,  including  the  salary  of  the  commissioner  and  his  clerks  and 
deputies,  traveling  expenses,  furnishing  rooms  and  rent.  All  moneys 
collected  or  received  by  the  commissioner  of  corporations  under  and  by 
virtue  of  the  provisions  of  this  act  shall  be  delivered  by  him  to  the 
treasurer  of  the  state,  who  shall  deposit  the  same  to  the  credit  of  said 
corporation  commission  fund.  And  all  such  fund  so  deposited  or  such 
part  thereof  as  may  be  necessary  for  the  purposes  of  this  act  are  hereby 
appropriated  to  the  use  of  the  corporation  commission  fund  for  the 
purposes  of  this  act.  It  shall  be  the  duty  of  the  commissioner  of  cor- 
porations semiannually  to  certify  under  oath  to  the  state  treasurer  and 
secretary  of  state  the  total  amount  of  receipts  and  expenditures  of  the 
state  corporation  department  for  the  six  months  preceding.  All  fees 
and  payments  of  every  description  required  by  this  act  to  be  paid  to  the 
commissioner  of  corporations  shall  be  paid  by  him  to  the  state  treasurer 
on  the  first  day  of  each  week  following  their  receipt  by  the  commis- 
sioner of  corporations. 

Sec.  20.  The  commissioner  of  corporations  shall  adopt  a  seal  with 
the  words  "Commissioner  of  Corporations,  State  of  California,"  and 
such  other  device  as  the  commissioner  of  corporations  may  desire 
engraved  thereon  by  which  he  shall  authenticate  the  proceedings  of  his 
office.  Copies  of  all  records  and  papers  in  the  office  of  the  corporation 
department  shall  be  received  in  evidence  of  all  cases  equally  and  with 
like  effect  as  the  originals. 

Sec.  21.  Every  official  report  made  by  the  commissioner  of  corpora- 
tions and  every  report  duly  verified,  of  an  examination  made,  shall  be 
prima  facie  evidence  of  the  facts  therein  stated  for  all  purposes  in  any 
action  or  proceedings  wherein  any  investment  company  or  investment 
broker  is  a  party. 

Sec.  22.  If  any  section,  subsection,  sentence,  clause  or  phrase  of  this 
act  is  for  any  reason  held  to  be  unconstitutional,  such  decision  shall  not 
affect  the  validity  of  the  remaining  portions  of  this  act.  The  legis- 
lature hereby  declares  that  it  would  have  passed  this  act,  and  each 
section,  subsection,  sentence,  clause,  and  phrase  thereof  irrespective  of 
the  fact  that  any  one. or  more  other  sections,  subsections,  sentences, 
clauses  or  phrases  be  declared  unconstitutional. 

Sec.  23.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions 
of  this  act  are  hereby  repealed. 

Sec.  24.  The  sum  of  ten  thousand  dollars  is  hereby  appropriated 
out  of  any  moneys  in  the  state  treasury  not  otherwise  appropriated  for 
the  purpose  of  carrying  this  act  into  effect. 

Sec.  25.     This  act  shall  take  effect  November  1,  1913. 


WATER   COMMISSION  ACT.  71 

WATER  COMMISSION  ACT. 

Chapter  586. 

An  act  to  regulate  the  use  of  water  which  is  subject  to  such  control  bv  the 
State  of  California,  and  in  that  behalf  creating  a  state  water  commission; 
specifymg  and  providing  for  the  appointment  of  the  members  of  said  com- 
mission; fixing  the  terms  of  office  and  compensation  of  the  memoirs  of 
said  commission;  fixing  the  powers,  duties  and  authority  of  said  com- 
mission and  its  members;  providing  for  the  filling  of  vacancies  in  the 
membership  of  said  commission;  providing  for  the  removal  from  office  of 
the  appointed  mernbers  of  said  commission;  providing  for  the  co-operation 
of  courts  with  said  commission;  providing  that  certain  courts  shall  take 
judicial  notice  of  certain  acts  of  the  state  water  commission;  specifying 
the  duties  of  all  persons  summoned  as  witnesses  before  said  commission 
or  any  of  its  members;  appropriating  money  for  carrying  out  the  pro- 
visions of  this  act;  providing  for  the  payment  of  the  indebtedness  and 
expenses  of  said  commission,  its  members  and  employees;  declaring  what 
water  is  unappropriated;  providing  for  the  utilization  of  water  and  the 
works  necessary  to  such  utilization  to  the  full  capacity  of  streams  or  of 
such  portion  or  portions  of  such  capacity  as  the  public  good  may  require; 
declaring  what  water  may  be  appropriated;  declaring  that  the  non-appli- 
cation for  ten  consecutive  years  of  any  portion  of  the  waters  of  any  stream 
to  lands  riparian  to  such  stream  shall  be  conclusive  presumption  that  the 
use  of  such  non-applied  water  is  not  needed  on  said  riparian  lands  for  a 
useful  or  beneficial  purpose;  declaring  that  such  non-applied  water  shall 
bo  deemed  to  be  in  the  use  of  the  state  and  subject  to  appropriation; 
declaring  the  duties  of  those  who  desire  to  appropriate  water;  declaring 
the  periods  for  which  water  may  be  appropriated  and  the  conditions  under 
which  water  may  be  appropriated;  providing  for  the  payment  of  fees  and 
charges  by  the  applicants  for  permission  to  appropriate  water  and  by  the 
appropriators  of  water;  providing  for  the  ascertainment  and  adjudication 
of  water  rights;  providing  for  the  bringing  of  actions  by  certain  persons, 
or,  upon  the  direction  of  the  state  water  commission,  by  the  attorney 
general,  for  the  quieting  of  title  to  water  rights;  specifying  certain  duties 
of  the  claimants,  possessors  or  users  of  water  or  water  rights;  declaring 
water  rights  forfeited  under  certain  conditions;  regulating  the  appropria- 
tion of  water;  excepting  cities,  cities  and  counties,  municipal  water 
districts,  irrigation  districts  and  lighting  districts  from  certain  provisions 
of  this  act;  defining  certain  words  and  terms  used  in  this  act;  repealing 
all  acts  or  parts  of  acts  in  conflict  with  this  act;  declaring  how  this  act 
shall  be  known;  making  legislative  declaration  concerning  those  parts  of 
this  act  which  may  not  be  declared  unconstitutional. 
(Approved  June  16,   1913.) 

The  people  of  the  State  of  California  do  enact  as  follows: 

Section  1.  For  the  purpose  of  carrying  out  the  provisions  of  this 
act  a  state  water  commission  consisting  of  five  persons  is  hereby  created 
and  established.  Two  members  of  said  commission  shall  be,  ex  officio, 
the  governor  of  the  state  and  the  state  engineer,  raspectively.  Three 
members  of  said  commission  shall  be  appointed  by  the  governor  for  the 
term  of  four  years;  provided,  however,  that  of  the  members  first 
appointed  one  shall  be  appointed  to  hold  office  until  the  first  day  in 
January,  nineteen  hundred  and  fourteen,  one  until  the  first  day  in 
January,  nineteen  hundred  and  fifteen,  and  one  until  the  first  day  in 
January,  nineteen  hundred  and  sixteen.  Such  appointive  commis- 
sioners shall  be  men  of  practical  knowledge  or  experience  in  the  appli- 
cation and  use  of  waters  for  irrigation,  mining  and  municipal  purposes, 
and  shall  be  so  appointed  that  at  least  one  thereof  shall  have  had  prac- 
tical knowledge  and  experience  in  the  use  of  water  for  agricultural 
mrposes,  and  one  thereof  shall  have  had  practical  knowledge  and 
:perience  in  the  use  of  water  for  mining  purposes,  and  one  thereof 
lall  have  had  practical  knowledge  and  experience  in  the  use  of  water 
For  municipal  purposes.     The  commissioners  shall  elect  one  of  their 


YZ  CALIFORNIA    STATE    MINING   BUREAU. 

number  president  of  the  commission.  The  appointed  members  of  said 
commission  shall  each  receive  as  compensation  for  his  services  the  sura 
of  five  thousand  dollars  per  annum.  No  commissioner  who  is  directly 
or  indirectly  interested  in  any  matter  before  the  commission  shall  sit 
with  the  commission  during  the  hearing  of  such  matter ;  nor  shall  he  be 
detailed  by  the  commission  to  investigate  or  report  on  any  such  matter ; 
nor  shall  he  take  part  in  any  determination  of  any  such  matter.  But 
the  governor  shall  have  the  power  and  authority,  upon  request  of  the 
commission,  to  appoint  pro  tempore  some  disinterested  person  to  sit 
and  act' in  the  place  and  stead  of  such  interested  commissioner.  Such 
pro  tempore  commissioner  shall  have  compensation  for  the  time  of 
service  equal  to  the  compensation  of  a  commissioner  during  such  service 
and  shall  have  the  power  and  authority  of  the  same,  only  in  the  matter 
for  the  investigation  and  determination  of  which  he  shall  have  been 
appointed  and  his  connection  with  the  commission  shall  cease  and 
determine  upon  the  completion  of  the  investigation  and  determination 
fcr  which  he  was  appointed.  But  the  commissioner  in  whose  place 
and  stead  he  sits  shall  have  power,  compensation  and  authority  in  all 
other  cases. 

Sec.  2.  Whenever  a  vacancy  in  the  stale  water  commission  shall 
occur,  the  governor  shall  forthwith  appoint  a  qualified  person  to  fill  the 
same  for  the  unexpired  term.  The  legislature,  by  a  two-thirds  vote  of 
all  members  elected  to  each  house,  or  the  governor,  may  remove  any 
one  or  more  of  the  appointed  commissioners  from  office.  The  com- 
mission shall  have  a  seal  bearing  the  following  inscription :  State  Water 
Commission  of  California.  The  seal  shall  be  affixed  to  all  authentica- 
tions of  copies  of  records  and  to  such  other  instruments  as  the  com- 
mission may  direct.     All  courts  shall  take  judicial  notice  of  said  seal. 

Sec.  3.  A  majority  of  the  appointed  commissioners  shall  constitute 
a  (|uorum  for  the  transaction  of  any  business,  for  the  performance  of 
any  duty,  or  for  the  exercise  of  any  power  of  the  commission.  No 
vacancy  in  the  commission  shall  impair  the  right  of  the  remaining 
commissioners  to  exercise  all  the  powers  of  the  commission.  The  act  of 
a  majority  of  the  commissioners  present,  when  in  session  as  a  board, 
shall  be  deemed  to  be  the  act  of  the  commission ;  but  any  investigations, 
inquiry  or  hearing  which  the  commission  has  power  to  undertake  or 
hold  may  be  undertaken  or  held  by  or  before  any  commissioners  of 
commissioner  designated  for  the  purpose  by  the  commission ;  and  every 
finding,  order,  ascertainment  or  decision  made  by  the  commissioners  or 
the  commissioner  so  designated  pursuant  to  such  investigation,  inquiry 
or  hearing,  when  approved  by  the  commission  and  ordered  filed  in  its 
office,  shall  be  and  be  deemed  to  be  the  finding,  order,  ascertainment  or 
decision  of  the  commission. 

Sec.  4.  (a)  Each  commissioner  shall  have  power  to  administer 
oaths,  certify  to  all  official  acts,  and  to  issue  subpnenas  for  the  attend- 
ance of  witnesses  and  the  production  of  papers,  books,  maps,  accounts, 
documents  and  testimony  in  any  inquiry,  investigation,  hearing,  ascer- 
tainment or  proceeding  ordered  or  undertaken  by  the  commission  in  any 
part  of  the  state.  Each  witness  who  shall  appear  by  order  of  the  com- 
mission or  any  commissioners  or  a  commissioner  shall  receive  for  his 
attendance  the  same  fees  and  mileage  allowed  by  law  to  witnesses  in 
civil  cases,  which  amount  shall  be  paid  by  the  party  at  whose  request 


WATER   COMMISSION   ACT.  73 

such  witness  is  subpoenaed.  When  any  witness  who  has  not  been 
required  to  attend  at  the  request  of  any  party  shall  be  subpoenaed  by 
the  commission  his  fees  and  mileage  shall  be  paid  from  the  funds 
appropriated  for  the  use  of  the  commission  in  the  same  manner  as  other 
expenses  of  the  commission  are  paid.  Any  witness  subpoenaed,  except 
one  whcse  fees  and  mileage  may  be  paid  from  the  funds  of  the  com- 
mission, may,  at  the  time  of  service,  demand  the  fee  to  which  he  is 
entitled  for  travel  to  and  from  the  place  at  which  he  is  required  to 
appear  and  one  day 's  attendance.  If.  such  witness  demands  such  fees 
at  the  time  of  si  rvicc.  and  they  are  not  at  that  time  paid  or  tendered,  he 
shall  not  be  required  to  attend  before  the  commission  or  commissioners 
as  directed  in  the  subpoena.  All  fees  and  mileage  to  which  any  witness 
is  entitled  under  the  provisions  of  this  section  may  be  collected  by  action 
therefor  instituted  by  the  person  to  whom  such  fees  are  payable.  But 
no  witness  shall  be  compelled  to  attend  as  a  witness  before  the  water 
commission  cr  any  water  commissioner  or  water  commissioners  out  of 
the  county  in  which  he  resides,  unless  the  distance  be  less  than  thirty 
miles  from  his  place  of  residence  to  the  place  of  hearing. 

(b)  The  superior  court  of  the  county  or  city  and  county  in  which 
any  inquiry,  investigation,  hearing  or  proceedings  may  be  held  by  the 
commission  or  any  commissioner  or  commissioners  shall  have  the  power 
to  compel  the  attendance  of  witnesses  and  the  production  of  papers, 
maps,  books,  accounts,  documents  and  testimony  as  required  by  any 
subpoena  issued  by  the  commission  or  any  commissioner  or  commis- 
sioners. The  commission,  commissioners  or  commissioner  before  whom 
the  testimony  is  to  be  given  or  produced  may,  in  case  of  the  refusal  of 
any  witness  to  attend  or  testify  or  produce  any  papers,  maps,  books, 
accounts  or  documents  required  by  such  subpoena,  report  to  the  superior 
court  in  and  for  the  county  or  city  and  county  in  which  the  proceeding 
is  pending  by  petition,  setting  forth  that  due  notice  has  been  given  of 
the  time  and  place  of  attendance  of  said  witness,  or  for  the  production 
of  said  papers,  maps,  books,  accounts  or  documents  and  that  the  witness 
has  been  summoned  in  the  manner  prescribed  in  this  act,  and  that  the 
witness  has  failed  and  refused  to  attend  or  produce  the  papers,  maps, 
books,  accounts  or  documents  required  by  the  subpoena  before  the  com- 
mission, commissioners,  or  commissioner  in  the  cause  or  proceeding 
named  in  the  notice  and  subpoena,  or  has  refused  to  answer  questions 
propounded  to  him  in  the  course  of  such  cause  or  proceeding,  and  ask 
an  order  of  said  court,  compelling  the  witness  to  attend,  testify,  and 
produce  said  papers,  maps,  books,  accounts  or  documents  before  the 
commission,  or  commissioners,  or  commissioner.  The  court,  upon  the 
petition  of  the  commission  or  commissioners  or  commissioner,  shall 
enter  an  order  directing  the  witness  to  appear  before  the  court  at  a 
time  and  place  to  be  fixed  by  the  court  in  such  order,  the  time  to  be  not 
more  than  ten  days  from  the  date  of  the  order,  and  then  and  there 
show  cause,  if  any  he  have,  why  he  refused  to  obey  said  subpoena,  or 
refused  to  answer  questions  propounded  to  him  by  said  commission,  or 
any  commissioners  or  any  commissioner,  or  neglected,  failed  or  refused 
to  produce  before  said  commission,  or  any  commissioners  or  any  com- 
missioner the  books,  papers,  maps,  accounts  or  documents  called  for  in 
said  subpoena.  A  copy  of  said  order  and  the  petition  therefor  shall  be 
served  upon  said  witness.     If  it  shall  appear  to  the  court  that  said 


74  CALIFORNIA   STATE   MINING  BUREAU. 

subpoena  was  regularly  issued  by  the  commission  or  any  commissioners 
or  a  commissioner,  the  court  shall  thereupon  enter  an  order  that  said 
witness  appear  before  the  commission  or  commissioners  or  commis- 
sioner at  the  time  and  place  fixed  in  said  order,  and  testify  or  produce 
the  required  papers,  maps,  books,  accounts  or  documents,  or  both  testify 
and  produce ;  and  upon  failure  to  obey  said  order  said  witness  shall  be 
dealt  with  as  for  contempt  of  court. 

(c)  The  state  water  commission  or  any  commissioners  or  commis- 
sioner, or  any  party  to  a  proceeding  before  the  commission  or  any 
commissioners  or  any  commissioner,  may  in  any  investigation  or  hearing 
before  the  commission  or  any  commissioners  or  any  commissioner  cause 
the  deposition  of  witnesses  residing  within  or  without  the  state  to  be 
taken  in  the  manner  prescribed  by  law  for  depositions  in  civil  actions 
in  the  superior  courts  of  this  state. 

(d)  No  person  shall  be  excused  from  testifying  or  from  producing 
any  book,  map,  document,  paper  or  account  in  any  investigation  or 
inquiry  by  or  hearing  before  the  commission  or  any  commissioners  or 
commissioner  upon  the  ground  that  the  testimony  or  evidence,  book, 
map,  document,  paper  or  account  required  of  him  may  tend  to  incrimi- 
nate him  or  subject  him  to  penalty  or  forfeiture.  But  no  person  shall 
be  prosecuted,  punished  or  subjected  to  any  penalty  or  forfeiture  for 
or  on  account  of  any  act,  transaction,  matter  or  thing  material  to  the 
matter  under  investigation  by  said  commission,  or  any  commissioners, 
or  any  commissioner  concerning  which  he  shall  have  been  compelled  to 
testify  or  to  produce  documentary  evidence ;  provided,  that  no  person 
so  testifying  or  producing  shall  be  exempt  from  prosecution  and  pun- 
ishment for  any  perjury  committed  by  him  in  his  testimony. 

Sec.  5.  A  full  and  accurate  record  of  business  or  acts  performed  or 
of  testimony  taken  by  the  commission  or  any  member  or  members  there- 
of in  pursuance  of  the  provisions  of  this  act  shall  be  kept  and  be  placed 
on  file  in  the  office  of  said  water  commission. 

Sec.  6.  The  state  water  commission  shall  take,  charge  and  collect 
the  following  fees :  for  copies  and  records  not  required  to  be  certified  or 
otherwise  authenticated  by  the  commission,  ten  cents  for  each  folio ;  for 
certified  copies  of  official  documents  and  orders  filed  in  its  office,  fifteen 
cents  for  each  folio,  and  one  dollar  for  every  certificate  under  seal 
dffixed  thereto ;  for  certified  copies  of  evidence  and  proceedings  before 
the  commission,  fifteen  cents  for  each  folio.  The  commission  may  fix 
reasonable  charges  for  publications  issued  under  its  authority.  All 
fees  charged  and  collected  under  this  section  shall  be  paid,  at  least 
once  each  week,  accompanied  by  a  detailed  statement  thereof,  into  the 
treasury  of  the  state. 

Sec.  7.  For  the  purpose  of  carrying  out  the  provisions  of  this  act 
the  state  water  commission  is  authorized  to  pass  such  necessary  rules 
and  regulations  as  it  may  from  time  to  time  deem  advisable,  and  to 
appoint  and  remove  at  its  pleasure  a  secretary  who  shall  have  charge 
of  its  books  and  records  and  perform  such  other  duties  as  from  time  to 
time  may  be  prescribed  and  whose  salary  shall  be  fixed  by  the  water 
commission;  and  the  state  water  commission  may  also  employ  such 
expert,  technical  and  clerical  assistance,  and  upon  such  terms,  as  it  may 
deem  proper. 

Sec.  8.     For  the  purpose  of  carrying  out  the  provisions  of  this  act 


WATER   COMMISSION   ACT.  75 

the  sum  of  fifty  thousand  dollars  is  hereby  appropriated  for  the  fiscal 
years  1913-1914  and  1914-1915  out  of  any  money  in  the  state  treasury 
not  otherwise  appropriated;  and  the  state  controller  is  hereby  author- 
ized and  directed  to  draw  warrants  upon  such  sum  from  time  to  time 
upon  the  requisition  of  the  state  water  commission  approved  by  the 
state  board  of  control,  and  the  state  treasurer  is  hereby  authorized  and 
directed  to  pay  such  warrants. 

Sec.  9.  All  indebtedness  incurred  for  salaries,  and  all  necessary 
costs  in  traveling  and  other  expenses  of  said  commission,  and  each  of 
its  members  and  persons  employed  by  it,  while  actually  engaged  in  the 
business  of  said  commission,  shall  be  paid  by  the  state  out  of  the  funds 
hereby  appropriated,  upon  the  sworn  statement  of  the  person  or  persons 
incurring  such  indebtedness,  and  upon  the  requisition  of  the  state  water 
commissicn,  approved  by  the  state  board  of  control,  and  the  state  con- 
troller is  hereby  authorized  to  draw  warrants  upon  the  state  treasurer 
for  said  indebtedness,  salaries,  costs  and  expenses,  as  provided  by  law 
for  the  payment  of  similar  costs  and  expenses  and  the  drawing  of 
similar  warrants. 

Sec.  10.  The  state  water  commission  is  hereby  authorized  and 
empowered  to  investigate  for  the  purpose  of  this  act  all  streams,  stream 
systems,  portions  of  stream  systems,  lakes,  or  other  bodies  of  water,  and 
to  take  testimony  in  regard  to  the  rights  to  water  or  the  use  of  water 
thereon  or  therein,  and  to  ascertain  whether  or  not  such  water,  or  any 
portion  thereof,  or  the  use  of  said  water  or  any  portion  thereof,  here- 
tofore filed  upon  or  attempted  to  be  appropriated  by  any  person,,  firm, 
association,  or  corporation,  is  appropriated  under  the  laws  of  this  state. 

Sec.  11.  All  water  or  the  use  of  water  which  has  never  been  appro- 
priated, or  which  has  been  heretofore  appropriated  and  which  has  not 
been  in  process,  from  the  date  of  the  initial  act  of  appropriation,  of 
being  put,  Avith  due  diligence  in  proportion  to  the  magnitude  of  the 
work  necessary  properly  to  utilize  for  the  purpose  of  such  appropria- 
tion such  water  or  the  use  of  water,  or  w^hich  has  not  been  put,  or  which 
has  ceased  to  be  put  to  some  useful  or  beneficial  purpose,  or  which  may 
hereafter  be  appropriated  and  cease  to  be  put,  to  the  useful  or  beneficial 
purpose  for  which  it  was  appropriated,  or  which  in  the  future  may  be 
appropriated  and  not  be,  in  the  process  of  being  put,  from  the  date  of 
the  initial  act  of  appropriation,  to  the  useful  or  beneficial  purpose  for 
which  it  was  appropriated,  with  due  diligence  in  proportion  to  the  mag- 
nitude of  the  work  necessary  properly  to  utilize  for  the  purpose  of  such 
appropriation  such  Avater  or  the  use  of  water,  is  hereby  declared  to  be 
unappropriated.  And  all  waters  flowing  in  any  river,  stream,  canyon, 
ravine  or  other  natural  channel,  excepting  so  far  as  such  waters  have 
been  or  are  being  applied  to  useful  and  beneficial  purpose  upon  or  in 
so  far  as  such  waters  are  or  may  be  reasonably  needed  for  useful,  and 
beneficial  purposes  upon  lands  riparian  thereto,  or  otherwise  appropri- 
ated, is  and  are  hereby  declared  to  be  public  waters  of  the  State  of 
California  and  subject  to  appropriation  in  accordance  with  the  pro- 
visions of  this  act.  If  any  portion  of  the  waters  of  any  stream  shall  not 
be  put  to  a  useful  or  beneficial  purpose  to  or  upon  lands  riparian  to  such 
stream  for  any  continuous  period  of  ten  consecutive  years  after  the 
passage  of  this  act,  such  non-application  shall  be  deemed  to  be  con- 
clusive presumption  that  the  use  of  such  portions  of  the  waters  of  such 


76  CALIFORNIA    STATE    MINING    BUREAU. 

stream  is  not  needed  upon  said  riparian  lands  for  any  useful  or  benefi- 
cial purpose;  and  such  portion  of  the  waters  of  any  stream  so  non- 
applied,  unless  otherwise  appropriated  for  a  useful  and  beneficial  pur- 
pose is  hereby  declared  to  be  in  the  use  of  the  state  and  subject  to 
appropriation  in  accordance  with  the  provisions  of  this  act.  In  any 
case  where  a  reservoir  or  reservoirs  have  been  or  shall  hereafter  under 
the  provisions  of  this  act  be  constructed  or  surveyed,  laid  out  and  pro- 
posed to  be  constructed  for  the  storage  of  water  for  a  system,  which 
water  is  to  be  used  at  one  or  more  points  under  appropriations  of  water 
heretofore  or  hereafter  made,  which  appropriations  and  rights  there- 
under are  now,  or  shall  hereafter  be  held  and  owned  by  the  person  or 
corporation  owning  such  reservoir  site  or  sites  and  constructing  such 
reservoir  or  reservoirs,  such  reservoir  or  reservoirs  and  appropriations 
and  rights  shall,  in  the  discretion  of  the  state  water  commission,  consti- 
tute a  single  enterprise  and  unit,  and  work  of  constructing  such  reser- 
voir or  reservoirs,  or  any  of  them,  or  work  on  any  one  of  such  appropri- 
ations shall,  in  the  discretion  of  said  commission,  be  sufficient  to  main- 
tain and  preserve  all  such  applications  for  appropriations  and  rights 
thereunder. 

Sec.  12.  The  state  water  commission  shall  have  authority  to,  and 
may,  for  good  cause  shown,  upon  the  application  of  any  appropriator  or 
user  of  water  under  an  appropriation  made  and  maintained  according 
to  law  prior  to  the  passage  of  this  act,  prescribe  the  time  within  which 
the  full  amount  of  the  water  appropriated  shall  be  applied  to  a  useful 
or  beneficial  purpose;  provided,  that  said  appropriator  or  user  shall 
have  proceeded,  with  due  diligence  in  proportion  to  the  magnitude  of 
the  project,  to  carry  on  the  work  necessary  to  put  the  water  to  a  bene- 
ficial use;  and  in  determining  said  time  said  commission  shall  grant  a 
reasonable  time  after  the  construction  of  the  works  or  canal  or  ditch 
or  conduits  or  storage  system  used  for  the  diversion,  conveyance  or 
storage  of  water;  and  in  doing  so  said  commission  shall  also  take  into 
consideration  the  cost  of  the  application  of  such  water  to  the  useful  or 
beneficial  purpose,  the  good  faith  of  the  appropriator,  the  market  for 
water  or  power  to  be  supplied,  the  present  demand  therefor,  and  the 
income  or  use  that  may  be  required  to  provide  fair  and  reasonable 
returns  upon  the  investment  and  any  other  facts  or  matters  pertinent 
to  the  inquiry.  Upon  prescribing  such  time  the  state  water  commission 
shall  issue  a  certificate  showing  its  determination  of  the  matter.  For 
good  cause  shown,  the  state  water  commission  may  extend  the  time  by 
granting  further  certificates.  And,  for  the  time  so  prescribed  or 
extended,  the  said  appropriator  or  user  shall  be  deemed  to  be  putting 
said  water  to  a  beneficial  use. 

And  if  at  any  time  it  shall  appear  to  the  state  water  commission,  after 
a  hearing  of  the  parties  interested  and  an  investigation,  that  the  full 
capacity  of  the  works  built  or  constructed,  or  being  built  or  constructed, 
under  an  appropriation  of  water  or  the  use  thereof  made  under  the 
provisions  of  this  act  has  not  developed  or  cannot  develop  the  full 
capacity  of  the  stream  at  the  point  where  said  works  have  been  or  are 
being  built  or  constructed,  and  that  the  holder  of  the  said  appropria- 
tion will  not  or  cannot  within  a  period  deemed  to  be  reasonable  by  the 
commission,  develop  the  said  stream  at  said  point  to  such  a  capacity 
as  the  commission  deems  to  be  required  by  the  public  good,  then  and 


WATER   COMMISSION   ACT.  77 

ill  that  case  the  said  coiiiinission,  in  its  discretion,  may  permit  the  joint 
occupancy  and  use,  with  the  holder  of  the  appropriation,  to  the  extent 
necessary  to  develop  the  stream  to  its  full  capacity  or  to  such  portion 
of  said  capacity  as  may  appear  to  the  state  water  commission  to  be 
advisable,  by  any  and  all  persons,  firms,  associations,  or  corporations 
applying  therefor,  of  any  dam,  tunnel,  diversion  works,  ditch,  or  other 
works  or  constructions  already  built  or  constructed  or  in  process  of 
being  built  or  constructed  under  this  act;  provided,  that  said  commis- 
sion shall  take  into  consideration  the  reasonable  cost  of  the  original  and 
new  work,  the  good  faith  of  the  applicant,  the  market  for  water  or 
power  to  be  supplied  by  the  original  and  the  new  work,  and  the  income 
or  use  that  may  be  required  to  provide  fair  and  reasonable  returns  upon 
such  ccst;  provided,  further,  that  the  applicant  or  applicants  shall  be 
required  to  pay  to  the  party  or  parties  owning  said  dam,  tunnel,  diver- 
sion works,  ditch,  or  other  works  or  constructions  a  pro  rata  portion 
of  the  total  cost  of  the  old  and  the  new  works,  said  pro. rata  portion 
to  be  based  upon  the  proportion  of  the  water  used  by  the  original  and 
the  subsequent  users  of  said  dam,  tunnel,  diversion  works,  ditch,  or 
other  works  or  constructions,  if  the  water  is  used  or  to  be  used  for 
irrigation  or  domestic  purposes;  or,  if  the  water  is  used  or  to  be  used 
for  the  generation  of  electricity,  or  electrical  or  other  power,  the  said 
pro  rata  portion  shall  be  based  upon  the  relative  amount  of  electricity 
or  electrical  or  other  power  capable  of  being  developed  by  the  original 
and  the  new  works ;  or,  if  a  portion  of  the  water  utilized  under  a  joint 
occupancy  of  any  dam,  tunnel,  diversion  works,  ditch,  or  other  works 
or  construction,  shall  be  used  for  the  purpose  of  irrigation  and  another 
portion  of  said  water  shall  be  used  for  the  generation  of  electricity  or 
electrical  or  other  power,  then  and  in  that  case  the  applicant  or  appli- 
cants for  joint  occupancy  shall-  be  required  to  pay  to  the  party  or 
parties  owning  said  dam,  tunnel,  diversion  works,  ditch,  or  other  works 
or  constructions  a  pro  rata  portion  of  the  total  cost  of  the  old  and  new 
works,  said  pro  rata  portion  to  be  based  upon  the  proportion  of  the 
relative  amount  of  water  used  by  each  joint  occupant  and  the  income 
derived  by  each  said  joint  occupant  from  said  joint  occupancy;  or, 
if  any  of  the  waters  used  under  such  joint  occupancy  shall  be  utilized 
for  purposes  other  than  those  specified  above,  then  and  in  that  case 
the  applicant  or  applicants  for  such  joint  occupancy  shall  be  required 
to  pay  to  the  part}^  or  parties  owning  said  dam,  tunnel,  diversion  works, 
ditch,  or  other  works  or  constructions,  such  a  pro  rata  portion  of  the 
total  cost  of  the  old  and  new  works  as  shall  appear  to  the  state  water 
commission  to  be  just  and  equitable.  Said  applicant  or  applicants 
shall  also  be  required  to  pay  a  proper  pro  rata  share,  based  as  above, 
of  the  cost  of  maintaining  said  dam,  tunnel,  diversion  works,  ditch  or 
other  works  or  constructions,  on  and  after  beginning  the  occupancy 
and  use  thereof.  Furthermore,  the  state  water  commission  if  it  appears 
to  the  said  commission  that  the  full  capacity  of  the  works  built  or  con- 
structed, under  an  appropriation  of  water  or  the  use  thereof  under  this 
act,  will  not  develop  the  full  capacity  of  the  stream  at  that  point,  and  it 
appears  to  the  commission  that  the  public  good  requires  it,  and  the  com- 
mission specifically  so  finds  after  investigation  and  hearing  of  the  parties 
interested,  may  permit  any  person,  firm,  association  or  corporation  to 


78  CALIFORNIA   STATE   MINING  BUREAU. 

cost,  charge  and  expense,  any  dam,  tunnel,  diversion  works,  ditch,  or 
other  works  or  constructions  already  built  or  constructed  or  in  process 
of  being  built  or  constructed  under  the  provisions  of  this  act,  and  to 
use  the  same  jointly  with  the  owners  thereof;  provided,  that  the  said 
repairing,  improving,  adding  to,  supplementing,  or  enlarging,  shall  not 
materially  interfere  with  the  proper  use  thereof  by  the  owner  of  said 
dam,  tunnel,  diversion  works,  ditch,  or  other  works  or  constructions  or 
shall  not  materially  injure  said  dam,  tunnel,  diversion  works,  ditch  or 
other  works  or  constructions.  And  the  state  water  commission  shall 
determine  the  pro  rata  and  other  costs  provided  for  in  this  section. 

Sec.  13.  All  rights  granted  or  declared  by  this  act  shall  be  ascer- 
tained, adjudicated  and  determined  in  the  manner  and  by  the  tribunals 
as  provided  in  this  act. 

Sec.  14.  This  act  shall  not  be  held  to  bestow,  except  as  expressly 
provided  in  this  act,  upon  any  person,  firm,  association  or  corporation, 
any  right  where  no  such  right  existed  prior  to  the  time  this  act  takes 
effect. 

Sec.  15.  The  state  water  commission  shall  allow,  under  the  pro- 
visions of  this  act,  the  appropriation  of  unappropriated  water  or  of 
the  use  thereof,  or  of  water  or  of  the  use  thereof  which  may  hereafter 
cease  to  be  appropriated,  or  which  may  hereafter  be  declared  to  be 
unappropriated,  or  which,  having  been  used  under  claim  of  riparian 
proprietorship  or  appropriation  finds  its  way  back  into  a  stream,  lake 
or  other  body  of  water  and  also  such  water  as  is  declared  under  sec- 
tion eleven  of  this  act  to  be  subject  to  appropriation. 

Sec.  16.  Every  application  for  a  permit  to  appropriate  water  shall 
set  forth  the  name  and  post-office  address  of  the  applicant,  the  source 
of  water  supply,  the  nature  and  amount  of  the  proposed  use,  the  loca- 
tion and  description  of  the  proposed  headworks,  ditch,  canal  and  other 
works;  the  proposed  place  of  diversion  and  the  place  where  it  is  in- 
tended to  use  the  water ;  the  time  within  which  it  is  proposed  to  begin 
construction,  the  time  required  for  completion  of  the  construction,  and 
the  time  for  the  complete  application  of  the  water  to  the  proposed  use. 
If  for  agricultural  purposes,  the  application  shall,  besides  the  above 
general  requirements,  give  the  legal  subdivisions  of  the  land  and  the 
acreage  to  be  irrigated,  as  near  as  may  be;  if  for  power  purposes,  it 
shall  give,  besides  the  general  requirements  prescribed  above,  the  nature 
of  the  works  by  means  of  which  the  power  is  to  be  developed,  the  head 
and  amount  of  water  to  be  utilized,  and  the  use  to  which  the  power  is  to 
be  applied ;  if  for  storage  in  a  reservoir,  it  shall  give,  in  addition  to  the 
general  requirements  prescribed  above,  the  height  of  dam,  the  capacity 
of  the  reservoir,  and  the  use  to  be  made  of  the  impounded  waters;  if  for 
municipal  water  supply,  it  shall  give,  besides  the  general  requirements 
specified  above,  the  present  population  to  be  served,  and,  as  near  as  may 
be,  the  future  requirements  of  the  city;  if  for  mining  purposes,  it  shall 
give,  in  addition  to  the  general  requirements  prescribed  above,  the 
nature  and  location  of  the  mines  to  be  served  and  the  methods  of 
supplying  and  utilizing  the  water.  All  applications  shall  be  accom- 
panied by  as  many  copies  of  such  maps,  drawings,  and  other  data  as 
may  be  prescribed  or  required  by  the  state  water  commission,  and  such 
maps,  drawings,  and  other  data  shall  be  considered  as  part  of  the 
application.     If  any  permittee  or  licensee,  or  the  heirs,  successors,  or 


I 


WATER   COMMISSION   ACT.  79 


assigns  of  any  permittee  or  licensee,  desire  to  change  the  point  of 
diversion  from  the  point  of  diversion  specified  in  the  original  applica- 
tion, or  after  the  granting  of  any  permit  or  license,  such  change  or 
changes  may  be  made  only  upon  the  permission  of  the  state  water 
commission;  provided,  that,  before  granting  such  permission,  such 
applicant  must  establish,  to  the  satisfaction  of  the  state  water  com- 
mission, and  such  commission  must  so  find,  that  such  change  in  the 
place  of  diversion  will  not  operate  to  the  injury  of  any  other  appropri- 
ator  or  legal  user  of  such  waters  before  permitting  such  change  in  the 
place  of  the  diversion.  Upon  receipt  of  application  for  permission  to 
make  such  change  in  the  place  of  diversion,  the  commission  shall,  by 
order,  fix  a  time  within  which  any  person  interested  may  appear  in 
opposition  to  such  application,  and  such  applicant  shall,  if  the  com- 
mission so  require,  cause  to  be  published  at  least  once  a  week  for  four 
consecutive  weeks,  in  a  newspaper  or  newspapers  of  general  circulation 
in  the  county  in  which  is  situated  both  the  old  and  new  points  of 
diversion,  a  copy  of  said  order.  Proof  of  such  publication  shall  be  by 
affidavit  of  the  publisher  of  such  newspaper.  Should  any  objection  be 
made  to  the  change  in  point  of  diversion  so  applied  for,  the  state  water 
commission  shall  fix  a  time  for  the  hearing  of  said  application  and  of 
the  objections  thereto,  which  time  shall  be  not  less  than  thirty  days  nor 
more  than  sixty  days  after  the  period  of  said  publication,  and  upon 
such  hearing  the  said  commission  shall  grant  or  refuse,  as  the  facts  shall 
warrant,  such  permission  to  change  place  of  diversion. 

Sec.  17.  Any  person,  firm,  association  or  corporation  may  apply  for" 
and  secure  from  the  state  water  commission,  in  conformity  with  this 
act  and  in  conformity  with  reasonable  rules  and  regulations  adopted 
from  time  to  time  by  the  state  water  commission,  a  permit  for  any 
unappropriated  water  or  for  water  which  having  been  appropriated  or 
used  flows  back  into  a  stream,  lake  or  other  body  of  water  within  this 
state.  And  any  application  so  made  shall  give  to  the  applicant  a 
priority  of  right  as  of  the  date  of  said  application  to  such  water  or  the 
use  thereof  until  such  application  shall  have  been  approved  or  rejected 
by  said  commission;  provided,  that  such  priority  shall  continue  only 
so  long  as  the  provisions  of  law  and  the  rules  and  regulations  of  the 
water  commission  shall  be  followed  by  the  applicant.  Upon  the  approval 
of  any  application  by  the  commission,  said  approval  shall  give  pri- 
ority of  right  as  of  the  date  of  said  application,  and  shall  give  the 
right  to  take  and  use  the  amount  of  water  specified  in  said  approval 
until  the  issuance  by  the  state  water  commission  of  a  license  for  the  use 
of  said  amount  of  water,  or  until  the  said  commission  refuses  to  issue 
said  license.  But  the  approval  of  any  application  shall  give  the  right 
to  take  and  use  water  only  to  the  extent  and  for  the  purpose  allowed  in 
said  approval ;  provided,  that  any  defective  application  made  in  a  bona 
fide  attempt  to  conform  to  the  rules  and  regulations  of  the  state  water 
commission  and  to  the  law  shall  secure  to  the  applicant  a  priority  of 
right  as  of  the  date  of  said  application  until  he  shall  have  been  notified 
by  said  commission  in  what  respect  his  application  is  defective.  And 
said  applicant  shall  be  allowed  sixty  days  after  notice  of  said  defect  in 
which  to  file  an  amended  and  perfected  application.  If,  within  said 
sixty  days,  said  applicant  shall  not  file  an  amended  and  perfected 
application,  said  priority  of  right  shall  cease  and  determine,  u^less  for 


80  CALIFORNIA   STATE   MINING   BUREAU. 

good  cause  shown  the  state  water  commission  shall  allow  said  applicant 
to  file  a  further  amended  and  perfected  application;  provided,  also, 
that  any  priority  of  right  secured  under  this  section  shall  not  be 
effective  for  more  than  thirty  days  after  service  of  notice  of  such 
approval,  personally  or  by  registered  mail,  on  the  applicant,  unless 
within  said  period  of  thirty  days  a  true  copy  of  said  approval  upon 
which  such  priority  is  based  shall  have  been  filed  in  the  office  of  the 
recorder  of  the  county  or  city  and  county  in  which  the  water  is  to  be 
diverted,  and,  within  ten  days  thereafter,  a  certificate  of  such  filing  by 
the  county  recorder  is  also  filed  with  the  state  water  commission. 

Sec.  18.  Actual  construction  work  upon  any  project  shall  begin 
within  such  time  after  the  date  of  the  approval  of  the  application  as 
shall  be  specified  in  said  approval,  which  time  shall  not  be  less  than 
sixty  days  from  date  of  said  approval,  and  the  construction  of  the 
work  thereafter  shall  be  prosecuted  with  due  diligence  in  accordance 
with  this  act,  the  terms  of  the  approved  application,  and  the  rules  and 
regulations  of  said  commission;  and  said  work  shall  be  completed  in 
accordance  with  law,  the  rules  and  regulations  of  the  state  water 
commission  and  the  terms  of  the  approved  applcation  and  within  a 
period  specified  in  the  permit;  but  the  period  of  completion  specified 
in  the  permit  may,  for  good  cause  shown,  be  extended  by  the  state 
water  commission.  And  if  such  work  be  not  so  commenced,  prosecuted 
and  completed,  the  water  commission  shall,  after  notice  in  writing 
and  mailed  in  a  sealed,^  postage-prepaid  and  registered  letter  addressed 
to  the  applicant  at  the'  address  given  in  his  application  for  a  permit  to 
appropriate  w^ater,  and  a  hearing  before  the  commission,  revoke  its 
approval  of  the  application.  But  any  applicant,  the  approval  of  whose 
application  shall  have  been  thus  revoked,  shall  have  the  right  to  bring 
an  action  in  the  superior  court  of  the  county  in  which  is  situated  the 
point  of  proposed  diversion  of  the  water  for  a  review  of  the  order  of 
the  commission  revoking  said  approval  of  the  application.  And  thirty 
days  after  the  revocation  of  said  permit  all  rights  of  the  said  permittee 
under  said  permit  shall  cease  and  lapse,  unless  said  permittee  shall 
within  said  thirty  days  after  said  revocation  bring  an  action  in  the 
superior  court  for  a  review  of  the  order  of  revocation.  The  priority  of 
right  of  any  permittee  so  bringing  an  action  shall  continue  under  said 
permit  until  a  final  judgment  is  rendered  as  to  the  reasonableness  of 
the  revocation  of  said  permit.  But  until  and  unless  the  revocation  of 
the  permit  shall  be  finally  decreed  by  such  court,  the  permittee  shall 
not  take  or  use  any  of  the  water  the  right  to  take  and  use  which  is 
granted  by  said  permit. 

Sec.  19.  Immediately  upon  completion,  in  accordance  with  law,  the 
rules  and  regulations  of  the  state  water  comlnission,  and  the  terms  of 
the  permit,  of  the  project  under  such  application,  the  holder  of  a  permit 
for  the  right  to  appropriate  water  shall  report  said  completion  to  the 
state  water  commission.  The  said  commission  shall  immediately  there- 
after cause  to  be  made  a  full  inspection  and  examination  of  the  works 
constructed  and  shall  determine  whether  the  construction  of  said  works 
is  in  conformity  with  law,  the  terms  of  the  approved  application,  th(^ 
rules  and  regulations  of  the  state  water  commission,  and  the  permit. 
The  said  water  commission  shall,  if  said  determination  is  favorable  to 
the  applicant,  issue  a  license  which  shall  give  the  right  to  the  diversion 


WATER    COMMISSION   ACT.  81 

of  such  an  amount  of  water  and  to  the  use  thereof  as  may  be  necessary 
to  fulfill  the  purpose  of  the  approved  application.  Said  license  shall 
1)0  in  such  form  as  may  be  pr(  scribed  by  the  state  water  commission 
under  the  provisions  of  this  act.  But  if  the  said  commission  shall  find, 
upon  inspection  and  examination  of  the  works  constructed,  that  the 
construction  and  condition  of  said  works  are  not  in  conformity  with  the 
law,  the  rules  and  regulations  of  the  state  w^ater  commission,  the  terms 
of  the  approved  application  and  the  terms  of  the  permit,  then  and  in 
that  case  the  said  commission  may,  after  due  notice  in  writing  and  in 
the  manner  provided  in  sections  one  thousand  and  eleven,  one  thousand 
and  twelve,  and  one  thousand  and  thirteen  of  the  Code  of  Civil  Pro- 
cedure to  the  applicant  or  the  liolder  of  the  permit,  and  a  public  hear- 
ing thereon,  refuse  to  issue  said  license.  And  thirty  days  after  the 
refusal  of  said  commission  to  issue  said  license  all  rights  of  the  appli- 
cant and  the  holder  of  the  permit  under  said  application  and  permit 
shall  lapse  and  cease.  But  the  holder  of  any  permit  to  whom  the  said 
water  commission  may  have  refused  to  issue  said  license,  shall  have  the 
right  to  bring  an  action  within  thirty  days  after  the  said  refusal,  in 
the  superior  court  to  review  said  order  and  to  obtain  a  decree  requiring 
the  issuance  of  such  license.  And  the  rights  of  the  holder  of  any  permit 
so  bringing  an  action  shall  continue  under  said  permit  until  the  decree 
in  such  action  has  been  entered  and  become  final.  But  until  the  refusal 
of  the  commission  to  issue  said  license  shall  be  finally  determined  by 
the  courts,  the  permittee  shall  not  take  or  use  any  of  the  water,  the 
taking  and  using  of  which  is  granted  to  him  by  said  permit.  And  if 
the  holder  of  any  permit  which  has  been  revoked  by  the  state  water 
commission  shall  not  bring  an  action  within  said  thirty*  days  in  the 
superior  court  to  determine  the  validity  of  said  revocation,  then  and  in 
that  case  all  rights  of  the  applicant  and  of  the  holder  of  said  permit 
shall  lapse  and  cease. 

Sec.  20.  All  permits  and  licenses  for  the  appropriation  of  water 
shall  be  under  the  terms  and  conditions  of  this  act,  and  shall  be  effective 
for  such  time  as  the  water  actually  appropriated  under  such  permits 
and  licenses  shall  actually  be  used  for  the  useful  and  beneficial  purpose 
for  which  said  water  was  appropriated,  but  no  longer ;  and  every  such 
permit  or  license  shall  include  the  enumeration  of  conditions  therein 
which  in  substance  shall  include  all  of  the  provisions  of  this  section  and 
likewise  the  statement  that  any  appropriator  of  water,  to  whom  said 
permit  or  license  may  be  issued,  shall  take  the  same  subject  to  such 
conditions  as  therein  expressed ;  provided,  that  if,  at  any  time  after  the 
expiration  of  twenty  years  after  the  granting  of  a  license,  the  state,  or 
any  city,  city  and  county,  municipal  w^ater  district,  irrigation  district, 
lighting  district,  or  any  political  subdivision  of  the  state  shall  have  the 
right  to  purchase  the  works  and  property  occupied  and  used  under 
said  license  and  the  works  built  or  constructed  for  the  enjoyment  of  the 
rights  granted  under  said  license ;  and  in  the  event  that  the  said  state, 
city,  city  and  county,  municipal  water  district,  irrigation  district, 
lighting  district  or  political  subdivision  of  the  state,  so  desiring  to 
purchase  and  the  said  owner  of  said  works  and  property  cannot  agree 
upon  said  purchase  price,  said  price  shall  be  determined  in  such  manner 
as  is  now  or  may  hereafter  be  determined  in  eminent  domain  proceed- 
ings.    If  it  shall  appear  to  the  state  water  commission  at  any  time  after 


82  CALIFORNIA    STATE    MINING   BUREAU. 

a  permit  or  license  is  issued  as  in  this  act  provided  that  the  permittee 
or  licensee,  or  the  heirs,  successors,  or  assigns  of  said  permittee  or 
licensee,  has  not  put  the  water  granted  under  said  permit  or  license  to 
the  useful  or  beneficial  purpose  for  which  the  permit  or  license  was 
granted,  or  that  the  permittee  or  licensee,  or  the  heirs,  successors  or 
assigns  of  said  permittee  or  licensee,  has  ceased  to  put  said  water  to 
such  useful  or  beneficial  purpose,  or  that  the  permittee  or  licensee,  or 
the  heirs,  successors  or  assigns  of  said  permittee  or  licensee,  has  failed 
to  observe  any  of  the  terms  and  conditions  in  the  permit  or  license  as 
issued,  then  and  in  that  case  the  said  commission,  after  due  notice  to 
the  permittee,  licensee,  or  the  heirs,  successors  or  assigns  of  such  per- 
mittee or  licensee,  and  a  hearing  thereon,  may  revoke  said  permit  or 
license  and  declare  the  water  to  be  unappropriated  and  open  to  further 
appropriation  in  accordance  with  the  terms  of  this  act.  And  the  find- 
ings and  declarations  of  said  commission  shall  be  deemed  to  be  prima 
facie  correct  until  modified  or  set  aside  by  a  court  of  competent  juris- 
diction ;  provided,  that  any  action  brought  so  to  modify  or  set  aside  such 
finding  or  declaration  must  be  commenced  within  thirty  days  after  the 
service  of  notice  of  said  revocation  on  said  permittee  or  licensee,  his 
heirs,  successors  or  assigns.  And  every  licensee  or  permittee  under  the 
provisions  of  this  act  if  he  accept  such  permit  or  license  shall  accept  the 
same  under  the  conditions  precedent  that  no  value  whatsoever  in  excess 
of  the  actual  amount  paid  to  the  state  therefor  shall  at  any  time  be 
assigned  to  or  claimed  for  any  permit  or  license  granted  or  issued  under 
the  provisions  of  this  act,  or  for  any  rights  granted  or  acquired  under 
the  provisions  of  this  act,  in  respect  to  the  regulation  by  any  competent 
public  authority  of  the  services  or  the  price  of  the  services  to  be 
rendered  by  any  permittee  or  licensee,  his  heirs,  successors  or  assigns 
or  by  the  holder  of  any  rights  granted  or  acquired  under  the  provisions 
of  this  act,  or  in  respect  to  any  valuation  for  purposes  of  sale  to  or 
purchase,  whether  through  condemnation  proceedings  or  otherwise,  by 
the  state  or  any  city,  city  and  county,  municipal  water  district,  irriga- 
tion district,  lighting  district  or  any  political  subdivision  of  the  state, 
of  the  rights  and  property  of  any  permittee  or  licensee,  or  the  possessor 
of  any  rights  granted,  issued,  or  acquired  under  the  provisions  of  this 
act.  The  application  for  a  permit  by  municipalities  for  the  use  of  water 
for  said  municipalities  or  the  inhabitants  thereof  for  domestic  purposes 
shall  be  considered  first  in  right,  irrespective  of  whether  they  are  first 
in  time;  provided,  however,  that  such  application  for  a  permit  or  the 
granting  thereafter  of  permission  to  any  municipality  to  appropriate 
waters,  shall  not  authorize  the  appropriation  of  any  water  for  other 
than  municipal  purposes,  and  providing  further  that  where  permis- 
sion to  appropriate  is  granted  by  the  state  water  commission  to  any 
municipality  for  any  quantity  of  water  in  excess  of  the  existing  munic- 
ipal needs  therefor,  that  pending  the  application  of  the  entire  appropria- 
tion permitted,  the  state  water  commission  shall  have  the  power  to  issue 
permits  for  the  temporary  appropriation  of  the  excess  of  such  permitted 
appropriation  over  and  above  the  quantity  being  applied  from  time  to 
time  by  such  municipality ;  and  providing  further,  that  in  lieu  of  the 
granting  of  such  temporary  permits  for  appropriation,  the  state  water 
commission  may  authorize  such  municipality  to  become  as  to  such  sur- 
plus a  public  utility,  subject  to  the  jurisdiction  and  control  of  the  rail- 


WATER   COMMISSION   ACT.  83 

road  commission  of  the  State  of  California  for  such  period  or  periods 
from  and  after  the  date  of  the  issuance  of  such  permission  to  appropri- 
ate, as  may  be  allowed  for  the  application  to  municipal  uses  of  the 
entire  appropriation  permitted ;  a7id  provided,  further,  that  when  such 
municipality  shall  desire  to  use  the  additional  Avater  granted  in  its 
said  application  it  may  so  do  upon  making  just  compensation  for  the 
facilities  for  taking,  conveying  and  storing  such  additional  water 
j  rendered  valueless  for  said  purposes,  to  the  person,  firm  or  corporation 
which  constructed  said  facilities  for  the  temporary  use  of  said  excess 
waters,  and  which  compensation,  if  not  agreed  upon  between  the  munici- 
pality and  said  person,  firm  or  corporation,  may  be  determined  in  the 
;  manner  provided  by  law  for  determining  the  value  of  property  taken 
by  and  through  eminent  domain  proceedings. 

Sec.  21.  Nothing  herein  contained  shall  be  construed  to  deprive  the 
,  state  or  any  city,  city  and  county,  municipal  water  district,  irrigation 
district,  lighting  district  or  political  subdivision  of  the  state,  or  any 
person,  company  or  corporation  of  any  rights  which,  under  the  law  of 
this  state  they  may  have,  to  acquire  property  by  or  through  eminent 
domain  proceedings. 

Sec.  22.  Licenses  hereafter  granted  for  water  or  use  of  water  shall 
be  subject  to  the  right  of  the  state  to  impose  the  fees  and  charges  pro- 
vided in  this  act. 

Sec.  23.     Every  person,  firm,  association  or  corporation  making  ap- 
plication for  a  permit  to  appropriate  water  or  the  use  of  water  under 
j'  this  act  shall  pay  to  the  state  water  commission,  at  the  time  of-  filing 
j   said  application,  if  the  purpose  or  use  is  for  the  generation  of  elec- 
j   tricity,  or  electrical  or  other  power,  a  fee  of  two  dollars  and  fifty  cents 
I   for  each  theoretical   horsepower  capable   of  being   developed   by   the 
I   works  up  to  one  hundred  theoretical  horsepower,  with  a  minimum  fee 
!   of  twenty-five  dollars,  and  above  said  one  hundred  theoretical  horse- 
I   power  the  fee  shall  be  five  hundred  dollars  up  to  and  including  ten 
thousand  theoretical  horsepower  and  one  thousand  dollars  above  ten 
thousand  thoretical  horsepower  capable  of  being  so  developed  or  a  fee 
of  ten  dollars  if  the  purpose  be  other  than  for  the  generation  of  elec- 
tricity, or  electrical  or  other  power.     Every  person,  firm,  association  or 
corporation  at  the  time  of  receiving  a  license  to  appropriate  water  or 
the  use  of  water,  if  the  purpose  be  for  the  generation  of  electricity,  or 
electrical  or  other  powder,  shall  pay  to  said  commission  when  the  said 
license  is  issued,  and  annually  thereafter  a  charge  of  twenty-five  cents 
for  each  theoretical  horsepower  capable  of  being  developed  by  the  pro- 
posed works.     If  the  purpose  of  use  is  for  other  than  the  generation  of 
electricity,  or  electrical  or  other  power,  every  person,  firm,  association 
or  corporation  receiving  a  license  to  appropriate  water  shall  pay  to  the 
said  commission  when  said  license  is  issued,  and  annually  thereafter,"  a 
charge  of  ten  cents  per  miner's  inch  for  each  miner's  inch  specified  in 
the  license,  and  for  the  purpose  of  this  act  forty  miner's  inches  shall 
be  equivalent  to  one  cubic  foot  per  second;  provided,  however,  that  no 
annual  charge  shall  be  made  w^hen  the  appropriation  is  made  for  use  for 
irrigation  purposes  upon  lands,  not  exceeding  one  hundred  and  sixty 
acres  in  area,  to  be  actually  occupied  by  such  appropriator  and  culti- 
vated in  whole  or  in  part  by  him,  or  when  said  water  is  used  for  mining 
purposes,  and  the  amount  of  water  so  used  for  such  mining  purposes 


84  CALIFORNIA   STATE   MINING   BUREAU. 

does  not  exceed  five  hundred  miner's  inches,  or  when  the  water  is  used 
for  the  generation  of  power  when  the  same  does  not  exceed  fifty  horse- 
power and  is  for  the  private  use  of  the  appropriator.  And  all  such- 
fees  and  charges  shall  forthwith  be  paid  into  the  state  treasury  by  the 
state  water  commission,  and  the  fee  and  annual  charges  provided  in  this 
section  shall  be  subject  to  change  by  law  at  not  less  than  ten-year  inter- 
vals, beginning  with  the  date  of  the  license  issued  by  the  state  water 
commission. 

Sec.  24.  Upon  its  own  initiative  or  upon  petition  signed  by  one  or 
more  claimants  to  water  or  the  use  of  water  upon  any  stream,  stream 
system,  lake,  or  other  body  of  water,  requesting  the  ascertainment  of 
the  relative  rights  of  the  various  claimants  to  the  water  or  the  use  of 
water  of  that  stream,  stream  system,  lake  or  other  body  of  water,  it 
shall  be  the  duty  of  the  state  water  commission,  if,  upon  investigation 
it  finds  the  facts  and  conditions  are  such  as  to  justify,  to  make  an 
ascertainment  of  the  said  rights,  fixing  a  time  for  the  beginning  of  the 
taking  of  testimony  and  the  making  of  such  investigation  as  will  enable 
it  to  ascertain  the  rights  of  the  various  claimants.  In  case  suit  is 
brought  in  the  superior  court  for  determination  of  rights  to  water  or 
the  use  of  water,  the  case  may,  in  the  discretion  of  the  court,  be  trans- 
ferred to  the  state  water  commission  for  investigation,  as  referee.  In 
any  case  wherein  the  water  commission  shall  proceed  to  investigate  or 
ascertain  water  rights  the  said  commission  shall  notify  in  writing  in 
the  manner  provided  in  sections  one  thousand  and  eleven,  one  thousand 
and  twelve  and  one  thousand  and  thirteen  of  the  Code  of  Civil  Pro- 
cedure all  persons,  firms,  asosciations  or  corporations  claiming  or  pos- 
sessing any  water  rights  which  are  to  be  the  subject  of  ascertainment 
by  the  said  commission. 

Sec.  25.  Upon  the  completion  of  the  taking  of  testimony  and  evi- 
dence by  the  state  water  commission,  the  said  commission  shall  immedi- 
ately give  notice  by  registered  mail  to  the  various  claimants  or  pos- 
sessors of  water  rights  that,  at  a  date  and  place  named  in  the  said 
notices,  which  date  shall  not  be  less  than  fifteen  days  nor  more  than 
thirty  days  later  than  the  date  of  said  notice,  all  of  said  testimony 
and  evidence  ^vnll  be  open  to  public  inspection.  And  said  testimony 
and  evidence  shall  be  held  open  to  public  inspection  at  said  places  for 
a  specified  period  of  not  less  than  thirty  days  nor  more  than  ninety 
days,  and  thereafter  the  said  commission  shall  cause  its  findings  and 
ascertainment  of  the  rights  of  the  respective  claimants  to  said  water  to 
be  made  and  filed  in  the  superior  court  in  each  of  the  counties  where 
said  water  is  appropriated. 

Sec.  26.  If  any  person,  firm,  association  or  corporation  claiming  or 
possessing  any  interest  in  or  right  to  the  waters  of  any  stream,  stream 
system,  lake  or  other  body  of -water  involved  in  any  investigation  or 
ascertainment  by  the  state  water  commission  of  the  rights  to  the  water 
of  said  stream,  stream  system,  lake  or  other  body  of  water,  desires  to 
contest  any  of  the  interests  in  or  rights  to  any  of  the  said  waters  of 
any  other  person,  firm,  association  or  corporation  such  person,  firm, 
association  or  corporation  desiring  so  to  contest  shall,  within  ten  days 
after  the  expiration  of  the  period  for  public  inspection  prescribed  in 
section  twenty-five  of  this  act,  notify,  in  writing,  the  state  water  com- 
mission of  said  desire  so  to  contest.     Said  notice  shall  state  the  ground 


WATER   COMMISSION   ACT.  85 

of  contest,  which  shall  be  verified  by  the  oath  of  the  contestant,  his 
agent  or  attorney.  Within  ten  days  of  the  receipt  of  the  nocivie  of 
contest  the  state  water  commission  shall  notify  the  contestant  and  the 
person,  firm,  association  or  corporation  whose  rights  are  contested  to 
appear  before  it  at  a  time  and  place  specified  in  said  notice,  and  that  at 
said  time  and  place  said  contest  will  be  heard;  provided,  that  saiti  time 
shall  not  be  less  than  thirty  days  nor  more  than  sixty  days  from  the 
date  of  the  service  of  the  notice  of  the  commission ;  provided,  further, 
that  if  any  person,  firm,  association  or  corporation  desires  to  contest 
any  such  ascertainment  by  the  state  water  commission  as  hereinbefore 
provided,  snch  contest  may  be  brought  as  provided  in  sections  31  and 
32  hereof. 

^       Sec.  27.     Said  notice  by  said  water  commission  shall  be  served  and 

\  return  made  thereon  in  the  same  manner  in  which  summons  and  return 
thereon  are  made  in  civil  actions  in  the  superior  courts  of  this  state. 
The  water  commission  shall  have  power  to  adjourn  hearings  of  contest 

!  from  time  to  time  upon  reasonable  notice  to  all  parties  in  interest,  and 
to  issue  subpoenas  for  and  compel  the  attendance  of  Avitnesses  to  testify 
before  it  and  produce  papers,  books,  maps  and  other  documents. 

Sec.  28.  The  state  water  commission  shall  require  from  the  party 
bringing  the  contest  before  it  under  section  twenty-six  of  this  act  a 
deposit  of  five  dollars  for  each  day  it  shall  be  engaged  in  taking  testi- 

:  mony  in  such  contest.  Upon  the  final  ascertainment  by  the  state  water 
commission  in  any  contest,  the  said  commission  shall  enter  an  order 
directing  the  return  of  the  deposit  to  the  depositor  if  the  contest  shall 
be  determined  in  his  favor,  but,  if  the  contest  shall  be  determined 
against  the  person  bringing  it,  the  said  deposit  shall  be  immediately 
paid  into  the  state  treasury. 

Sec.  29.  Not  less  than  fifteen  days  nor  more  than  thirty  days  after 
the  expiration  of  the  period  during  which  the  testimony  and  evidence 
is  to  be  kept  open  for  public  inspection,  or  if  any  contest  shall  be  made, 
not  less  than  fifteen  days  nor  more  than  thirty  days  after  the  settle- 
ment of  said  contest  by  the  water  commission,  the  testimony  and  evi- 
dence in  the  original  hearing  and  the  testimony  and  evidence  taken  in 
said  contest  shall  be  filed  in  the  office  of  the  water  commission. 

Sec.  30.  The  water  commission  may,  in  its  discretion  and  in  addi- 
tion to  the  testimony  and  evidence  submitted  to  it  by  the  parties  claim- 
ant to  or  possessors  of  water  rights  on  any  stream,  stream  system,  lake 
or  other  body  of  w^ater  cause  to  be  made  an  examination  of  said  stream, 
stream  system,  lake  or  other  body  of  water  and  the  works  diverting  or 
utilizing  w^ater  therefrom.  Said  examination  may  include  the  gather- 
ing of  whatever  data  covering  said  stream,  stream  system,  lake  or  other 
body  of  water  and  the  various  ditches  and  canals  taking  water  there- 
from as  the  said  commission  may  require,  as  w^ell  as  such  other  data 
and  information  as  may,  in  the  discretion  of  the  said  commission,  be 
necessary  to  enable  it  properly  to  ascertain  the  relative  rights  of  the 
parties  claiming  rights  to  use  the  waters  of  said  stream,  stream  system, 
lake,  or  other  body  of  water.  The  results  of  said  examination  shall  be 
filed  in  the  office  of  said  commission  and  be  open  to  public  inspection  as 
provided  in  this  act  for  the  filing  and  public  inspection  of  other  evi- 
dence of  a  like  nature. 
Sec.  31.     As  soon  as  practicable  after  the  hearing  of  testimony  and 


86  CALIFORNIA   STATE   MINING   BUREAU. 

evidence,  the  hearing  of  contest  and  the  gathering  and  filing  of  such 
data  and  information  as  the  water  commission  shall,  of  its  own  motion, 
direct  to  be  gathered,  the  said  water  commission  shall  record  in  its 
office  its  ascertainment  of  and  specific  findings  upon  the  rights  of  the 
several  claimants  to  the  use  of  the  waters  of  any  stream,  stream  system, 
lake  or  other  body  of  water.  Immediateiy  thereafter,  the  said  water 
commission  shall  file  a  certified  copy  of  said  ascertainment  and  specific 
findings  together  with  the  original  evidence  and  testimony  taken  before 
it  and  all  data  and  information  gathered  by  its  order  with  the  clerk 
of  the  superior  court  in  and  for  the  county  in  which  such  stream,  stream 
system,  lake  or  other  body  of  water  or  any  part  thereof  is  situated. 

Sec.  32.  After  the  filing  with  the  clerk  of  the  superior  court  of  the 
evidence,  data,  information,  specific  findings  and  ascertainment  as 
re(iuired  by  section  31  of  this  act,  the  same  shall  be  received  in  the 
superior  court  as  prima  facie  evidence  of  the  facts,  specific  findings  and 
ascertainment  therein  set  forth.  And  at  any  time  within  one  year  after 
such  filing  an  action  may  be  brought,  upon  the  direction  of  the  state 
water  commission,  by  the  attorney  general  in  said  superior  court  in 
which  said  evidence,  data,  information,  specific  findings  and  ascertain- 
ment shall  have  been  so  filed.  Or  an  action  may  be  brought  in  said 
court  by  any  one  or  more  of  the  possessors  or  claimants  concerning 
whose  rights  to  any  of  the  waters  of  the  stream,  stream  system,  lake  or 
other  body  of  water  the  state  water  commission  shall  have  made  the 
specific  findings  and  ascertainment  filed  in  said  court.  Said  action  if 
brought  by  the  attorney  general  shall  be  brought  in  the  name  and 
behalf  of  the  people  of  the  State  of  California  to  quiet  the  title  of  the 
State  of  California  or  the  people  thereof  to  any  and  all  water  or  water 
rights  which  it  may  have  in  or  on  said  stream,  stream  system,  lake  or 
other  body  of  water,  and  to  cause  all  parties  whose  rights  have  been  so 
ascertained  to  appear  and  interplead  in  said  action  in  defense  and 
determination  of  each  and  all  of  their  respective  rights,  which  rights, 
as  against  the  state  and  with  regard  to  the  different  rights  and  pri- 
orities of  said  rights  among  themselves,  shall  be  determined  by  the 
court  in  said  action.  And  if  an  action  be  brought  by  any  one  or  more 
of  said  claimants  or  possessors,  said  action  may  be  brought  in  the 
name  of  the  said  possessor  or  claimant  and  to  cause  all  parties,  whose 
rights  have  been  ascertained,  to  appear  and  interplead  in  said  action  in 
defense  and  determination  of  each  and  all  of  their  respective  rights, 
which  rights,  as  against  the  state  or  the  people  thereof,  and  with  regard 
to  the  different  rights  and  priorities  of  said  rights  among  themselves 
shall  be  determined  by  the  court  in  said  action.  And  from  and  after 
the  filing  of  the  complaint  in  such  action,  the  proceedings  therein  shall 
be  as  in  other  cases  heard  and  determined  in  said  court,  and  in  accord- 
ance with  the  provisions  of  the  Code  of  Civil  Procedure  of  this  state; 
providedy  that  the  evidence,  data,  information,  specific  findings  and 
ascertainment  so  filed  with  the  superior  court  as  provided  in  section  31 
of  this  act  must  be  considered  by  said  court  in  its  determination  of  both 
or  either  of  said  actions,  and  the  court  may  affirm,  modify  or  reject 
such  specific  findings  and  ascertainment  and  may  make  other  or  dif- 
ferent findings  as  in  its  judgment  the  evidence  justifies. 

Sec.  33.  All  existing  lawful  appropriations  of  water  or  the  use 
thereof,  shall  be  and  hereby  are  respected  and  upheld  to  extent  of  the 


WATER  COMMISSION  ACT.  87 

aniouut  of  water  appropriated  and  actually  put  or  in  process  of  being 
put,  from  the  initial  date  of  the  act  of  appropriation,  with  due  diligence 
in  proportion  to  the  magnitude  of  the  work  necessary  properly  to 
utilize  the  water  for  the  useful  or  beneficial  purpose  for  which  it  was 
appropriated,  or  for  which  it  is  being  used. 

Sec.  34.  Whenever  proceedings  shall  be  instituted  for  the  ascertain- 
ment by  the  state  water  commission  of  rights  to  water  or  the  use  of 
water,  it  shall  be  the  duty  of  all  claimants  interested  therein  and  having 
notice  thereof  as  in  this  act  provided  to  appear  and  submit  proof  of 
their  respective  claims  at  the  time  and  in  the  manner  required  by  law; 
and  any  such  claimant  who  shall  fail  to  appear  in  such  proceedings  and 
submit  proof  of  his  claim  shall  be  barred  and  estopped  from  subse- 
([uently  asserting  any  rights  theretofore  acquired  upon  the  stream, 
stream  system,  lake  or  other  body  of  water,  or  portion  of  such  stream, 
stream  system,  lake  or  other  body  of  w^ater,  embraced  in  such  proceed- 
ings, and  shall  be  held  to  have  forfeited  all  rights  to  said  water  or  the 
use  of  water  theretofore  claimed  by  him  on  such  stream,  stream  system, 
lake  or  other  body  of  water,  unless  entitled  to  relief  under  the  laws  of 
this  state;  provided,  that  such  proceedings  shall  result  in  ian  ascertain- 
ment by  the  state  water  commission  and  a  decree  by  the  superior  court 
based  upon  such  ascertainment  and  specific  findings  or  a  modification 
of  said  ascertainment  or  specific  findings. 

Sec.  35.  In  any  suit  wherein  the  state  is  or  the  people  of  the  state 
are  a  party  for  the  determination  of  a  right  to  the  use  of  the  water  of 
any  stream,  stream  system,  lake  or  other  body  of  water,  or  of  any 
l^ortion  of  any  stream,  stream  system,  lake  or  other  body  of  water,  all 
who  claim  the  right  to  use  such  w^ater  shall  be  made  parties.  When 
any  such  suit  has  been  filed  the  court  may  call  upon  the  state  water 
commission  to  make  or  furnish  a  complete  hydrographic  survey  of  such 
stream,  stream  system,  lake  or  other  body  of  water,  in  order  to  obtain 
all  the  data  necessary  to  the  determination  of  the  rights  involved.  The 
disbursements  made  in  litigating  the  rights  involved  in  such  suit  may 
l>e  taxed  by  the  court  as  in  other  equity  suits,  exclusive  of  the  cost  of 
such  hydrographic  survey. 

Sec.  36.  Upon  the  adjudication  of  the  rights  to  the  use  of  the  water 
of  a  stream,  or  stream  system,  lake  or  other  body  of  water,  or  any 
portion  of  a  stream,  stream  system,  lake  or  other  body  of  water,  a 
certified  copy  of  the  decree  shall  be  prepared  by  the  clerk  of  the  court, 
without  charge,  and  filed  in  the  office  of  the  state  water  commission,  and 
said  commission  shall  deliver  to  every  party  in  such  decree  a  certified 
copy  thereof  upon  demand  and  the  payment  of  the  fees  .provided  in 
this  act.  And  the  said  commission  shall  file,  for  record,  in  the  office  of 
the  recorder  of  each  county  in  which  any  portion  of  said  stream,  stream 
system,  lake  or  other  body  of  water  is  situated,  a  certified  copy  of  said 
decree.  Said  decree  shall  in  every  case  declare  as  to  the  Avater  right 
adjudged  to  each  party,  whether  riparian  or  by  appropriation,  the 
extent,  the  priority,  amount,  purpose  of  use,  point  of  diversion,  and 
place  of  use  of  said  water;  and,  as  to  water  used  for  irrigation,  such 
decree  shall  also  declare  the  specific  tracts  of  land  to  which  it  shall  be 
appurtenant,  together  with  such  other  conditions  as  may  be  necessary 
to  define  the  right  and  its  priority.  But  the  failure  of  any  party 
entitled  thereto  to  demand  or  receive  a  copy  of  said  decree  shall  not  be 
considered  to  have  prejudiced  him  or  his  rights  in  any  way. 


88  CALIFORNIA   STATE    MINING   BUREAU. 

Sec.  37.  The  power  to  supervise  the  distribution  of  water  in  accord- 
ance with  the  priorities  established  under  this  act,  when  such  super- 
vision does  not  contravene  the  authority  vested  in  the  judiciary  of  the 
state,  is  hereby  vested  in  the  state  water  commission. 

Sec.  38.  The  diversion  or  use  of  water  subject  to  the  provisions  of 
this  act  other  than  as  it  is  in  this  act  authorized  is  hereby  declared  to 
be  a  trespass,  and  the  state  water  commission  is  hereby  authorized  to 
institute  in  the  superior  court  in  and  for  any  county  wherein  such 
diversion  or  use  is  attempted  appropriate  action  to  have  such  trespass 
enjoined. 

Sec.  39.  Water  or  the  use  of  water  which  has  heretofore  been  ap- 
propriated or  acquired,  or  which  shall  hereafter  be  appropriated  or 
acquired  for  one  specific  purpose  shall  not  be  deemed  to  be  appropri- 
ated or  acquired  for  any  other  or  different  purpose.  And  any  person, 
firm,  association  or  corporation  applying  to  the  state  water  commission 
for  a  license  to  appropriate  water  or  the  use  of  water  shall  state  in  the 
application  for  said  license  the  specific  purpose  to  which  it  is  proposed 
to  put  such  water  or  the  use  thereof.  Water  heretofore  or  hereafter 
appropriated  for  other  than  domestic  use,  may  be  applied  to  domestic 
use,  in  whole  or  in  part,  without  a  separate  and  distinct  appropriation 
being  made  therefor.  And  water  appropriated  for  one  purpose  under 
the  provisions  of  this  act  may  be  subsequently  appropriated  for  other 
purposes  under  the  provisions  of  this  act;  provided,  that  such  subse- 
quent appropriation  shall  not  injure  any  previous  appropriation. 

Sec.  40.  The  state  water  commission  is  also  authorized  and  empow- 
ered to  investigate  any  natural  situation  available  for  reservoirs  or 
reservoir  systems  for  gathering  and  distributing  flood  or  other  waters 
not  under  beneficial  use  in  any  stream,  stream  system  or  lake  or  other 
body  of  water,  and  to  ascertain  the  feasibility  of  such  projects,  includ- 
ing the  supply  of  water  that  may  thereby  be  made  available,  the  extent 
and  character  of  the  areas  that  may  be  thereby  irrigated,  and  make 
estimate  of  the  cost  of  such  project. 

Sec.  41.  Nothing  in  this  act  shall  be  construed  as  depriving  any  city, 
city  and  county,  municipal  water  district,  irrigation  district  or  lighting 
district  of  the  benefit  of  any  law  heretofore  or  hereafter  passed  for  their 
benefit  in  regard  to  the  appropriation  or  acquisition  of  water  or  the  use 
of  water;  and  nothing  in  this  act  shall  affect  or  limit  in  any  manner 
whatsoever  the  right  or  power  of  any  municipality  which  has  heretofore 
appropriated  or  acquired  water  or  the  use  of  water  for  municipal 
purposes,  to  use  or  to  sell  or  otherwise  dispose  of  such  water  or  the  use 
thereof,  either  within  or  without  its  limits  for  domestic,  irrigation  or 
other  purposes,  in  accordance  with  laws  in  effect  at  the  time  of  the 
passage  of  this  act. 

Sec.  42.  The  word  ** water"  in  this  act  shall  be  construed  as  embrac- 
ing the  term  ''or  use  of  water" ;  and  the  term  *'or  use  of  water"  in  this 
act  shall  be  construed  as  embracing  the  word  ' '  water. ' '  Whenever  the 
term  stream,  stream  system,  lake  or  other  body  of  water  or  water  occurs 
in  this  act,  such  term  shall  be  interpreted  to  refer  only  to  surface 
water,  and  to  subterranean  streams  flowing  through  known  and  definite 
channels.  But  nothing  in  this  act  shall  be  construed  as  giving  or  con- 
firming any  right,  or  title,  or  interest  to  or  in  the  corpus  of  any  water ; 
provided,  that  the  term  "useful  or  beneficial  purposes"  as  used  in  this 


I 


WATER   COMMISSION   ACT.  89 

act  shall  not  be  construed  to  mean  the  use  in  any  one  year  of  more  than 
two  and  one  half  acre  feet  of  water  per  acre  in  the  irrigation  cf  unculti- 
vated areas  of  land  not  devoted  to  cultivated  crops. 

Sec.  43.  Nothing  in  this  act  shall  be  construed  as  depriving  any 
person,  firm,  association  or  corporation  of  the  right  of  appeal  con- 
ferred under  the  laws  of  this  state. 

Sec.  44.  All  acts  or  parts  of  acts  in  conflict  herewith  are  hereby 
repealed. 

Sec.  45.     This  act  shall  be  known  as  the  "water  commission  act." 

Sec.  46.  If  any  section,  subsection,  sentence,  clause  or  phrase  of 
this  act  is  for  any  reason  held  to  be  unconstitutional,  such  decision 
shall  not  affect  the  validity  of  the  remaining  portions  of  this  act.  The 
legislature  hereby  declares  that  it  would  have  passed  this  act,  and  each 
section,  subsection,  sentence,  clause  and  phrase  thereof,  irrespective  of 
the  fact  that  any  one  or  more  other  sections,  subsections,  sentences, 
clauses  or  phrases  be  declared  unconstitutional. 


I 


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^  y 


.:.  3  '356 

ECl2  1988 

ECEIVED 

DEC  0  6  If^n^ 

PHYS  SCI  LIBRARY 


Book  Slip-20m-5,'59(,A2537s4)458 


iai£20 


Calif.  Dept.  of  natural 
resources.  Div.  of  minesl. 
Bulletin. 


SClfur.P 


PHYsmi 

SC/ENCE$ 
UBUmt 


Call  Numbo: 

TN2lj 

C3 

A3 

no.61i-66 

3  1175  0121 

T/V24 

C3  • 

A3 

lllill 

32  5482 

LIBRARY 
tmiVERSITY  OF  CALlFQRNar 

lWi590 


